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TOWN OF LINCOLN
COMPREHENSIVE
ZONING BY-LAW
NO. 2022-50
Final for Council Adoption
July 2022
TABLE OF CONTENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page ii
TABLE OF CONTENTS
PREAMBLE ................................................................................................................................ 1
i.
Introduction ...................................................................................................................... 1
ii.
Purpose of this By-law ..................................................................................................... 1
iii.
Authority to Prepare this By-law ..................................................................................... 1
iv.
Structure of this By-law ................................................................................................... 1
v.
Use of the Holding Symbol ("(H)") ................................................................................. 6
vi.
Minor Variances............................................................................................................... 6
vii.
How to Check Zoning and Identify Applicable Regulations for a Property .................... 6
viii.
Purposes of the Zones ...................................................................................................... 8
ix.
Subsequent Zoning By-law Amendments ....................................................................... 9
x.
Non-Conformity and Non-Compliance ......................................................................... 10
xi.
Confirming with the Town............................................................................................. 10
xii.
Relationship to Other By-laws, Regulations, Legislation, etc. ...................................... 10
1.1
TITLE AND SCOPE ..................................................................................................... 13
1.2
APPLICATION ............................................................................................................. 13
1.3
ZONES AND SYMBOLS ............................................................................................. 13
1.4
ZONE BOUNDARIES .................................................................................................. 14
1.5
MANDATORY WORDING ......................................................................................... 15
1.6
DISCRETIONARY WORDING ................................................................................... 15
1.7
DEFINITIONS ............................................................................................................... 15
1.8
EXAMPLES AND ILLUSTRATIONS ......................................................................... 15
1.9
SEVERABILITY ........................................................................................................... 15
1.10 LITIGATION ................................................................................................................. 15
1.11 CERTIFICATE OF OCCUPANCY .............................................................................. 15
1.12 NEED FOR COMPLIANCE WITH OTHER LAWS ................................................... 16
1.13 VIOLATIONS AND PENALTIES ............................................................................... 16
1.14 REPEALS OF PREVIOUS BY-LAWS ........................................................................ 16
1.15 TECHNICAL REVISIONS TO THE ZONING BY-LAW........................................... 17
1.16 TRANSITION PROVISIONS ....................................................................................... 17
1.17 EFFECTIVE DATE ....................................................................................................... 19
SECTION 2 - DEFINITIONS ..................................................................................................... 20
SECTION 3 - GENERAL PROVISIONS .................................................................................... 63
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Town of Lincoln Zoning By-law
FINAL - July 2022
Page iii
3.1
CONTENTS ................................................................................................................... 63
3.2
APPLICATION ............................................................................................................. 64
3.3
AGRICULTURAL USES .............................................................................................. 65
3.4
ACCESS TO COMMERCIAL AND INDUSTRIAL ZONES FROM RESIDENTIAL
ZONES ...................................................................................................................................... 68
3.5
ACCESSORY USES, BUILDINGS AND STRUCTURES ......................................... 68
3.6
AMENITY AREA REQUIRED .................................................................................... 69
3.7
BED AND BREAKFAST ESTABLISHMENTS ......................................................... 69
3.8
BUILDING RESTORATION ....................................................................................... 70
3.9
DRIVE-THRU FACILITIES ......................................................................................... 70
3.10 ENCROACHMENTS .................................................................................................... 71
3.11 ESTABLISHED BUILDING LINE .............................................................................. 73
3.12 FENCING ...................................................................................................................... 73
3.13 FOOD VEHICLES ........................................................................................................ 74
3.14 FUEL.............................................................................................................................. 74
3.15 GARAGE OR YARD SALES OR AUCTIONS ........................................................... 74
3.16 HOMES FOR SPECIAL CARE .................................................................................... 75
3.17 HEIGHT EXCEPTIONS ............................................................................................... 75
3.18 HOME-BASED BUSINESS ......................................................................................... 76
3.19 HOLDING ZONES (H SYMBOL) ............................................................................... 77
3.20 INNS .............................................................................................................................. 85
3.21 LANDSCAPED STRIPS ............................................................................................... 85
3.22 LOTS ABUTTING A 0.3 (ONE FOOT) RESERVE .................................................... 85
3.23 LOT AND YARD REQUIREMENTS .......................................................................... 85
3.24 MINIMUM DISTANCE SEPARATION REQUIREMENTS ...................................... 87
3.25 MINOR VARIANCES TO BY-LAW NUMBER 93-14-Z1, AS AMENDED ............. 88
3.26 MULTIPLE ZONES ...................................................................................................... 88
3.27 NATURAL ENVIRONMENTAL AREA AND NIAGARA ESCARPMENT PLAN
AREA OVERLAYS ................................................................................................................. 88
3.28 NON-CONFORMING USES .......................................................................................... 89
3.29 NON-COMPLYING BUILDINGS AND STRUCTURES ............................................. 90
3.30 PRIVATE HOME DAYCARE........................................................................................ 90
3.31 PUBLIC USES................................................................................................................. 90
3.32 RAILWAY AND PIPELINE RIGHT-OF-WAY SETBACKS ....................................... 91
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3.33 REQUIREMENT FOR MUNICIPAL SERVICES ......................................................... 91
3.34 SECONDARY RESIDENTIAL UNITS ......................................................................... 91
3.35 SHORT-TERM ACCOMODATIONS ............................................................................ 92
3.36 SIGNS .............................................................................................................................. 93
3.37 SWIMMING POOLS ...................................................................................................... 93
3.38 TEMPORARY GARDEN SUITES ................................................................................. 94
3.39 TEMPORARY RESIDENTIAL USES ........................................................................... 94
3.40 TEMPORARY USES ...................................................................................................... 95
3.41 THROUGH LOTS ........................................................................................................... 96
3.42 USES PERMITTED IN ALL ZONES ............................................................................ 96
3.43 USES PROHIBITED IN ALL ZONES ........................................................................... 97
3.44 VISIBILITY TRIANGLES ............................................................................................. 99
3.45 WASTE DISPOSAL ASSESSMENT AREA OVERLAY ............................................. 99
SECTION 4 - PARKING AND LOADING REQUIREMENTS .................................................. 101
4.1
PARKING PROVISIONS ........................................................................................... 101
4.2
LOCATION OF SURFACE PARKING ..................................................................... 110
4.3
LOCATION OF UNDERGROUND PARKING ........................................................ 111
4.4
OUTDOOR PATIO ..................................................................................................... 111
4.5
PARKING RESTRICTIONS....................................................................................... 111
4.6
PARKING GARAGE AS A MAIN USE .................................................................... 112
4.7
LOADING PROVISIONS ........................................................................................... 112
SECTION 5 - AGRICULTURAL ZONE .................................................................................... 113
5.1
List of Applicable Zones .............................................................................................. 113
5.2
Permitted Uses ............................................................................................................. 113
5.3
Zone Regulations ......................................................................................................... 115
5.4
Zone Exceptions........................................................................................................... 118
SECTION 6 - RESIDENTIAL ZONES ..................................................................................... 150
6.1
List of Applicable Zones .............................................................................................. 150
6.2
Permitted Uses ............................................................................................................. 150
6.3
Zone Regulations ......................................................................................................... 152
6.4
Zone Exceptions (Hamlet Residential) ........................................................................ 156
6.5
Zone Exceptions (Residential 1) .................................................................................. 156
6.6
Zone Exceptions (Residential 2) .................................................................................. 167
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6.7
Zone Exceptions (Residential Multiple 1) ................................................................... 184
6.8
Zone Exceptions (Residential Multiple 2) ................................................................... 208
6.9
Zone Exceptions (Residential Multiple 3) ................................................................... 223
SECTION 7 - COMMERCIAL AND MIXED USE ZONES ........................................................ 227
7.1
List of Applicable Zones .............................................................................................. 227
7.2
Permitted Uses ............................................................................................................. 227
7.3
Zone Regulations ......................................................................................................... 230
7.4
Zone Exceptions (Neighbourhood Commercial) ......................................................... 233
7.5
Zone Exceptions (General Commercial) ..................................................................... 234
7.6
Zone Exceptions (Office Commercial) ........................................................................ 267
7.7
Zone Exceptions (Rural Commercial) ......................................................................... 271
SECTION 8 - INDUSTRIAL ZONES ........................................................................................ 283
8.1
List of Applicable Zones .............................................................................................. 283
8.2
Permitted Uses ............................................................................................................. 283
8.3
Zone Regulations ......................................................................................................... 284
8.4
Zone Exceptions (Industrial Zone) .............................................................................. 286
8.5
Zone Exceptions (Extractive Industrial Zone) ........................................................... 293
SECTION 9 - INSTITUTIONAL ZONE .................................................................................... 294
9.1
List of Applicable Zones .............................................................................................. 294
9.2
Permitted Uses ............................................................................................................. 294
9.3
Zone Regulations ......................................................................................................... 295
9.4
Zone Exceptions........................................................................................................... 295
SECTION 10 - OPEN SPACE AND ENVIRONMENTAL CONSERVATION ZONES .............. 300
10.1 List of Applicable Zones .............................................................................................. 300
10.2 Permitted Uses ............................................................................................................. 300
10.3 Zone Regulations ......................................................................................................... 300
10.4 Zone Exceptions (Open Space) .................................................................................... 301
10.5 Zone Exceptions (Environmental Conservation) ......................................................... 302
SECTION 11 - FUTURE DEVELOPMENT ZONE .................................................................. 305
11.1 List of Applicable Zones .............................................................................................. 305
11.2 Permitted Uses ............................................................................................................. 305
11.3 Zone Exceptions........................................................................................................... 305
SECTION 12 - EFFECTIVE DATE ......................................................................................... 307
12.1 By-laws Repealed ........................................................................................................ 307
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12.2 Effective Date .............................................................................................................. 307
SCHEDULE "A" - ZONE MAPS
SCHEDULE "B" - PARKING SPACE REQUIREMENTS
PREAMBLE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 1
PREAMBLE
Contents
i.
Introduction
ii.
Purpose of this By-law
iii.
Authority to Prepare this By-law
iv.
Structure of this By-law
v.
Use of the Holding Symbol ("(H)")
vi.
Minor Variances
vii.
How to Check Zoning and Identify Applicable Regulations for a Property
vii.
Purposes of the Zones
ix.
Subsequent Zoning By-law Amendments
x.
Non-Conformity and Non-Compliance
xi.
Confirming with the Town
xii.
Relationship to Other By-laws, Regulations, Legislation, etc
i.
Introduction
The preamble is intended to assist the reader in understanding and interpreting the
Zoning By-law for the Town of Lincoln and is provided for convenience purposes only. It
does not form part of the Zoning By-law.
ii.
Purpose of this By-law
The Zoning By-law regulates the use of land, buildings, and structures in the Town of
Lincoln. The By-law implements and conforms to the policies of the Town of Lincoln
Official Plan.
iii.
Authority to Prepare this By-law
The Zoning By-law is prepared in accordance with Section 34 of the Planning Act,
R.S.O., 1990, c.P.13, as amended. Generally speaking, the Planning Act allows the
Council of the Town of Lincoln to pass zoning by-laws to restrict the use of land, and to
regulate the size, location and character of buildings and structures within the Town.
iv.
Structure of this By-law
The Zoning By-law consists of the following sections:
Section 1 - Interpretation and Administration
Section 1 describes how the Zoning By-law is to be interpreted, and how the by-
law is to be administered by the Town of Lincoln. Section 1 also contains
important details regarding the interpretation of the Zoning By-law, such as the
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meaning of "shall," the application of zone categories and the interpretation of the
zoning map boundaries. Section 1.3 establishes the zone categories and zone
symbols which are applied to all lands within the Town.
Section 2 - Definitions
Section 2 provides specific definitions for commonly used terms in the By-law.
Many of the permitted uses, and other technical terms used in the Zoning By-law
are defined in Section 2. These definitions ensure that the Zoning By-law is
being interpreted and applied consistently.
For the convenience of the reader, if a term is bolded in the text of the Zoning By-
law, then the term is defined in Section 2.
It is important to read and understand the definitions as they will assist in the
interpretation of this By-law. For example, if the By-law requires a minimum lot
area of 325 sq. metres, the definition of "lot area" will clarify how the lot area may
be identified and calculated. The reader should always refer to the definition of a
term if it is defined. Where a term is not specifically defined, it is intended that
the common, general definition of the term within Webster's Dictionary is
applicable. Note that while the definitions are listed in alphabetical order, some
terms may be grouped into a category of terms. For example, "exterior lot line" is
grouped with other lot line definitions, as "lot line, front".
Certain definitions are also supported by illustrations to help clarify or avoid
multiple interpretations. The illustrations do not form part of the Zoning By-law
but are intended to assist in understanding the meaning of a definition.
Section 3 - General Provisions
Section 3 of the Zoning By-law provides general provisions which may be
applicable to all zones, one or more categories of zones, or to specific uses. The
general provisions address matters such as special provisions for specific uses,
and additional requirements for specific situations (e.g., provisions for cannabis
production facilities, agriculture-related uses, home-based business, drive-thru
facilities, etc.). The reader should identify all general provisions that are
applicable to their situation.
Section 4 - Parking and Loading Requirements
Section 4 identifies the minimum number of parking spaces that a use must
provide on-site to accommodate vehicles. In this By-law, some uses are also
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required to provide and maintain a certain number of barrier free parking spaces
and bicycle parking spaces. For mixed use development where multiple uses are
located on the same lot, the minimum parking requirement may be reduced
through sharing of parking spaces. This section as well as Schedule "B" also
provides requirements for the size of parking spaces, drive aisles, and parking
areas.
Sections 5-10 - Zone Categories (Permitted Uses, Zone Regulations and
Zone Exceptions)
The Zoning By-law establishes a number of zones which permit certain uses, as
well as requirements for the location and character of buildings and structures.
Sections 5 to10 detail the permitted uses, zone regulations and exceptions for
each of the zones. The zones are organized into categories, as follows:
Section 5 - Agricultural Zones
Section 6 - Residential Zones
Section 7 - Commercial and Mixed-Use Zones
Section 8 - Industrial Zones
Section 9 - Institutional Zone
Section 10 - Open Space and Environmental Conservation Zones
Section 11 - Future Development Zones
Permitted Uses
Subsections 5.1, 6.1, 7.1, 8.1, 9.1 and 10.1 detail the uses that are permitted in
each zone, through a series of tables. For example, Table 5.1 illustrates which
uses are permitted in the Residential zones. The first column of a permitted uses
table is a list of principal uses and accessory uses, buildings and structures. The
use is permitted in each zone where there is a "-" symbol in the corresponding
column. If a use is not permitted in a zone, there is no symbol shown. If an "E" is
shown beside a use, that use is only permitted if it legally existed on the date of
adoption of the Zoning By-law. Where the letter "A" is identified, the use is only
permitted as accessory to another permitted use.
Each of the permitted uses is subject to the applicable zone regulations and zone
exceptions in their respective sections, the general provisions (Section 3) and
parking and loading requirements (Section 4).
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This By-law is exclusionary, which means that if a use is not specifically identified
within a zone, then the use is not permitted.
Zone Regulations
Sections 5 to 10 also contain the regulations for each of the zones. Within each
zone, there is typically a minimum specified lot area, minimum required frontage
on a road, as well as minimum building setbacks (yards) and other requirements.
To improve readability and comparison between similar zones, the zone
regulations are organized into tables. Table 5.3 in Subsection 5.3, for example,
details the regulations for the Agricultural Zone.
Zone Exceptions
Most lands in the Town of Lincoln are zoned by a base zone, which are
represented by symbols such as R1, A, etc. However, some lands are also
zoned by a site-specific Exception Zone, which is denoted as a base zone
symbol followed by a hyphenated numeric suffix. For example, A-1 is Exception
number 1 to the A zone. The Exceptions to each Zone are contained in Sections
5 to 10. Section 5.4, for example, details the exceptions to the Agricultural Zone.
In most cases, the exception zone will only address one or more provisions, and
at least some of the zone regulations in the base zone in Sections 5 -10 and the
general provisions in Section 3 and the parking and loading requirements of
Section 4 will still apply.
Schedule "A" - Maps
Schedule "A" to the Zoning By-law contains maps which identify the zoning for all
lands in the Town of Lincoln. In addition, the maps also identify areas which are
subject to specific provisions related to the Natural Environment Area, Niagara
Escarpment Plan Area and Existing Waste Disposal Assessment Area, as
described below. The mapping is subject to change and may be amended from
time to time to reflect amendments to the zoning by-law as well as mapping
changes due to technical adjustments.
Schedule "B" - Parking Requirements
Schedule "B" to the Zoning By-law contains illustrations which identify the
dimensional requirements for parking spaces.
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Niagara Escarpment Plan Area
The Regulated Area of the Niagara Escarpment Plan Area is illustrated as a
Niagara Escarpment Plan Area on Schedule "A". Development within this area
may require a development permit from the Niagara Escarpment Plan Area
before a building permit can be issued. This overlay is primarily intended for
information purposes only, as the Regulated Area of the Niagara Escarpment
Plan Area may change from time to time. The reader should consult with the
Town of Lincoln and the Niagara Escarpment Plan Area to confirm whether a
development permit will be required prior to any development or site alteration.
Section 3.27 in the General Provisions provides additional information about the
meaning of this overlay.
Natural Environmental Area
The Natural Environmental Area is illustrated as an overlay on Schedule "A" of
the Town Official Plan and includes natural features that are considered to be
significant at a Provincial, regional or local level. Development and site alteration
shall not be permitted unless it is demonstrated through the completion of an
environmental analysis that could consist of multiple studies and investigations
depending on site specific circumstances, that there will be no negative impacts
on the natural features or on their functions. This overlay is primarily intended for
information purposes only and is based on the most current information
available, and may not be accurate or up to date in some areas. The reader
should consult with the Town of Lincoln, Niagara Region, and the Niagara
Peninsula Conservation Authority to confirm what additional studies may be
required to permit development and site alteration. Section 3.27 in the General
Provisions provides additional information about the meaning of this overlay.
Use of the Existing Waste Disposal Assessment Area Overlay
Where an existing waste disposal assessment area overlay is shown, specific
regulations and requirements respecting the development of lands within an
identified existing waste disposal assessment area. Only existing uses are
permitted within these areas, and is subject to a Holding Provision until the Town
is satisfied that all of the studies required by the Town and Region have been
completed. Refer to the provisions of Section 3.43.
Interpretation of the Schedules
Section 1.4 describes how the schedules are to be interpreted. The zone
boundaries are not intended to be absolute as they are illustrated. In most cases,
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the boundaries are intended to follow lot lines or the boundaries of roads and of
natural heritage features.
v.
Use of the Holding Symbol ("(H)")
Certain lands are also subject to holding provisions. Lands subject to holding provisions
are denoted by the symbol (H), added as a suffix to the zone. A holding symbol may be
added to a base zone (e.g., A(H)), or to an Exception Zone (e.g., A-1(H)).
Where a holding symbol is shown, the general provisions of Section 3.19 apply. Where
a holding symbol is applied to lands, the lands may not be used or developed according
to the requirements in the underlying base zone until such time as the holding symbol is
removed. Lands subject to a holding symbol are typically only permitted to be used for
those uses which legally existed prior to the addition of the holding symbol. The reader
should consult with the Town to confirm the permitted uses and the requirements for
removing the holding symbol.
vi.
Minor Variances
The Committee of Adjustment has the authority to approve minor variances to the
Zoning By-law, which may provide minor relief from specific zoning provisions or minor
changes to the permitted uses of one or more properties. Minor variances previously
granted are not reflected in the Zoning By-law and are not shown as Exception Zones.
A minor variance approved by the Town of Lincoln Committee of Adjustment granted in
relief to the provisions of the former By-law will remain in effect and a building permit
may be issued by the Chief Building Official up to one-year from the effective date of
this By-law. The reader should contact the Town of Lincoln to identify whether there are
any approved minor variances applicable to a property.
vii.
How to Check Zoning and Identify Applicable Regulations for a Property
The following is an outline of the steps to assist the reader in interpreting what zone and
applicable zone regulations and general provisions will apply to a specific property. The
Zoning By-law is required to implement the Town's Official Plan, and the reader should
also refer to the Official Plan to determine the existing land use designation and any
relevant policies which may be applicable to a specific property or development
proposal. Readers are encouraged to consult with the Town, to assist in confirming and
interpreting the Zoning By-law.
1.
Read Section 1.0 to determine how the Zoning By-law applies to your property
and to understand how the Zoning By-law is to be interpreted.
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2.
Locate the property on Schedule "A" and identify the zone symbol that applies to
the property. In addition to the applicable zone symbol, the following property
specific regulations may also apply, as denoted by a mapping overlay or a zone
suffix:
2.1
If the property is located in the Niagara Escarpment Plan Area, as shown
as an overlay on Schedule "A", the reader will need to refer to Section
3.26, which identifies associated regulations and permit requirements from
the Niagara Escarpment Commission which will likely be required to
permit development on the property.
2.2
If the property is located in the Natural Environmental Area, as shown as
an overlay on Schedule "A" of the Town Official Plan, the reader will need
to refer to Section 3.27, which identifies environmental studies that may be
required to permit development on the property. Consultation with the
Niagara Peninsula Conservation Authority and Niagara Region may be
required.
2.3
If a property is located within the Existing Waste Disposal Assessment
Area overlay (refer to the legend in the zone schedules) the reader will
need to refer to Section 3.43 for additional requirements for identified
waste disposal assessment areas.
2.4
If the zoning symbol is an Exception Zone (e.g., A-1), refer to the
applicable provisions contained in Sections 5 to 10. In most cases, the
Exception Zone will only address one or more provisions, and at least
some of the zone regulations in the base zone in Sections 5 to 10 and the
general provisions in Section 3 will still apply.
2.5
If a holding symbol (H) is contained in the zone symbol, refer to Section
3.19 regarding the removal of holding symbols. The reader should consult
with the Town to confirm the permitted uses and the requirements for
removing the holding symbol.
3.
Refer to the permitted uses in the base zone (e.g., A), contained in Sections 5 to
10, to identify what uses are permitted in that zone. It is also important to refer to
the definitions in Section 2 for assistance in interpreting the meaning of the
permitted uses.
4.
Refer to the zone regulations applicable to the base zone (e.g., A), contained in
Sections 5 to 10. The zone regulations detail the required minimum lot area,
minimum lot frontage, minimum and/or maximum yards, and other lot and
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building requirements, which the use of the lot must comply with. As required,
refer to the definitions (Section 2) for assistance in interpreting the terms used in
the zone regulations.
5.
Refer to the General Provisions of the Zoning By-law in Section 3 and the
Parking Requirements in Section 4. In particular, provisions regarding parking,
stacking and accessory buildings are often applicable. Other provisions may be
applicable, such as lot and yard requirements, or additional regulations regarding
specific uses (e.g., swimming pools). Also refer to the Definitions in Section 2 for
assistance in interpreting the requirements of the general provisions. A thorough
review is necessary to identify all applicable regulations for a property and
proposed use of the property. If you are changing the use of your property, you
will need to ensure that adequate parking, landscape buffers and other
requirements will be provided in accordance with the general provisions.
6.
Additionally, there may be approved minor variances which are applicable to the
property which may provide relief from certain zone regulations, permitted uses
or general provisions. The Town of Lincoln's Zoning Administrator can assist in
identifying any approved minor variances.
7.
The reader should confirm with the Town's Zoning Administrator the applicable
zone category and zone regulations which apply to the property.
viii.
Purposes of the Zones
Section 1.3 of the Zoning By-law establishes the following zone categories, which are
described briefly as follows:
Zone Category
Zone
Symbol Purpose of the Zone
Residential Zones
Hamlet Residential
HR
Provides for residential development in hamlets
and rural settlement areas.
Residential 1
R1
Provides for single detached dwellings.
Residential 2
R2
Provides for single detached dwellings, semi-
detached dwellings and duplex dwellings.
Residential Multiple 1
RM1
Provides for triplex, fourplex and townhouse
dwellings in urban areas.
Residential Multiple 2
RM2
Provides for higher density stacked townhouse,
back-to-back townhouse, and apartment
dwellings, long-term care homes, nursing homes
and retirement homes in urban areas.
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Zone Category
Zone
Symbol Purpose of the Zone
Residential Multiple 3
RM3
Provides for and apartment dwellings, long-term
care homes, nursing homes and retirement homes
in urban areas.
Commercial Zones
Neighbourhood
Commercial Zone
NC
Provides for a variety of commercial uses in
neighbourhoods in urban areas.
General Commercial
Zone
GC
Provides for a wide variety of commercial uses in
urban areas.
Rural Commercial
Zone
RUC
Provides for smaller-scale commercial and
industrial uses in the Town's rural areas and
recognizes existing rural commercial and industrial
areas.
Office Commercial
Zone
OC
Provides for commercial uses as well as
opportunities for denser forms of employment.
Mixed-Use Zone
Mixed Use Zone
(Central Business
District)
GC
(CBD)
Provides for mixture commercial, institutional and
residential uses
Industrial Zones
Industrial Zone
IN
Provides for a wide range of heavy and light
industrial uses and accessory retail uses.
Industrial Extractive
Zone
EI
Provides for the extraction of aggregate,
petroleum and other resources.
Institutional Zone
Institutional Zone
I
Provides for a wide range of institutional and
community uses.
Open Space and Environmental Conservation Zones
Open Space Zone
OS
Provides for parks and other active and passive
recreational and open space uses.
Environmental
Conservation Zone
EC
Provides for the protection of environmentally
sensitive areas and features in addition to limited
passive recreational uses.
Agricultural Zone
Agricultural Zone
A
Provides for a broad range of agricultural and on-
farm diversified uses.
ix.
Subsequent Zoning By-law Amendments
The Zoning By-law may be consolidated from time to time to include subsequent
amendments to the Zoning By-law. However, there may have been amendments to the
Zoning By-law or removals or additions of holding symbols which are not included in the
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current office consolidation of the Zoning By-law. In all cases, the reader should contact
the Zoning Administrator to confirm the most current zoning of a property and applicable
regulations. Additionally, the maps contained in Schedule "A" may not reflect the latest
zoning, or any recent changes to the parcel fabric.
x.
Non-Conformity and Non-Compliance
A Use is considered to be legal non-conforming if it was legally established (existing
use) prior to the passing of the Zoning By-law No. 2022-50 but is no longer permitted by
the Zoning By-law. The Zoning By-law does not prevent the continued legal use,
alteration or expansion of buildings and structures that no longer conform to the
permitted uses in the Zoning By-law.
Buildings and structures are considered to be legal non-complying if they were
established legally prior to the passing of the Zoning By-law No. 2022-50 but no longer
comply with the new provisions of the Zoning By-law. The Zoning By-law may have
implemented different lot provisions than were previously required, such as minimum lot
area, maximum height, etc. As such, buildings and structures that previously complied
with these provisions may no longer comply with the new standards.
Refer to Section 1.12 of the Zoning By-law for provisions regarding the need to comply
with other by-laws.
xi.
Confirming with the Town
It is always a good idea to pre-consult with the Town about your construction project
prior to submission of a complete application, as Town staff will help you determine
whether your project will comply with the applicable provisions of the Zoning By-law. For
significant developments, consultation with the other applicable agencies may also be
required.
Additionally, there may be approved minor variances which are applicable to the
property which may provide relief from certain zone regulations, permitted uses or
general provisions. The Town of Lincoln's Zoning Administrator can assist in identifying
any approved minor variances.
xii.
Relationship to Other By-laws, Regulations, Legislation, etc.
The Zoning By-law does not supersede or surmount any other legislation, regulations or
municipal by-laws. In fact, depending on your proposal or the use of your property, other
laws may apply. It is the property owner's responsibility to understand what laws will
apply to their land use or their construction project.
The Town administers other by-laws that are related to this Zoning By-law. For
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example, the Town administers a parking by-law which sets out provisions for the
allocation, design and signage for parking, along with enforcement of violations within
the Town. These by-laws essentially 'build' on the Zoning By-law's requirements, and
are to be considered "in addition to" the Zoning By-law's requirements.
The laws and regulations of the Province, the Federal Government and other agencies
may also apply. Some uses may be subject to Provincial/Federal licensing or regulation.
It is not the role of the Zoning By-law to integrate with the regulations or laws of other
government. The Town can help you identify what other laws and regulations might
apply to your project.
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THE CORPORATION OF THE TOWN OF LINCOLN
BY-LAW NO. 2022-XX
A BY-LAW TO REGULATE THE USE OF LAND AND
THE CHARACTER, LOCATION AND USE OF
BUILDINGS AND STRUCTURES IN THE TOWN OF
LINCOLN.
WHEREAS:
1. It is considered desirable to regulate the use of land, and the character and location
of buildings and structures for the promotion of public health, safety, general
convenience and well-being of the Town of Lincoln;
2. There is an Official Plan in effect in the Town of Lincoln;
3. This By-law is deemed to be in conformity with the Town of Lincoln Official Plan;
and
4. Authority is granted to the Council of the Corporation of the Town of Lincoln under
Section 34 of the Planning Act, R.S.O., 1990, c.P.13 as amended, to pass this By-
law.
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF
LINCOLN HEREBY REPEALS BY-LAW 93-14-Z1, AND ALL AMENDMENTS THERETO,
AND ENACTS AS FOLLOWS:
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SECTION 1 - INTERPRETATION AND ADMINISTRATION
1.1
TITLE AND SCOPE
This By-law is known as The Zoning By-law of the Town of Lincoln (this By-law)
and applies to all lands within the corporate limits of the Town.
1.2
APPLICATION
(a)
No person shall use any land or erect or alter any buildings or
structures within a zone, except in conformity and compliance with the
provisions of this By-law.
(b)
No person, other than a public authority, shall reduce any lot by
conveyance or otherwise so that it does not meet the requirements of this
By-law, or if it did not meet the requirements initially, so that it is further
from meeting them.
(c)
No municipal permit, certificate or license may be issued if the permit is
required for a use of land or erection, alteration, enlargement or use of
any building or structure that is not in conformity and compliance with
this By-law.
(d)
Despite any other provisions of this By-law, the Chief Building Official of
the Town may not issue a building permit for the development or
redevelopment of any lands or buildings or structures or any part thereof
within the area of the Town affected by this By-law unless in accordance
with the provisions of this By-law and any By-law of the Town enacted
pursuant to Section 41 of the Planning Act.
(e)
The lack of a survey, or a mistake or an error or omission by any person
required to comply with the provisions of this By-law does not relieve that
person from liability for failure to comply with the provisions of this By-law.
(f)
This By-law shall be administered by a person appointed by the Council
of the Town as the Zoning Administrator.
1.3
ZONES AND SYMBOLS
(a)
Schedules "A" and "A1" through "A9" attached hereto forms part of this By-
law.
(b)
For the purpose of this By-law, the Town has been divided into zones, the
boundaries which are shown on Schedules "A" and "A1" through "A9".
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(c)
Schedule "A" consists of a number of detailed maps for portions of the
Town which are located as indicated on the Key Map.
(d)
The zones are referred to by the following names and symbols and are
identified on Schedule "A" by the symbols:
ZONE
SYMBOL
Residential Zones
Hamlet Residential
HR
Residential 1
R1
Residential 2
R2
Residential Multiple 1
RM1
Residential Multiple 2
RM2
Residential Multiple 3
RM3
Commercial Zones
Neighbourhood Commercial Zone
NC
General Commercial Zone
GC
Rural Commercial Zone
RUC
Office Commercial Zone
OC
Mixed Use Zones
Central Business District
GC (CBD)
Industrial Zones
Industrial Zone
IN
Industrial Extractive Zone
EI
Institutional Zone
Institutional Zone
I
Open Space and Environmental Conservation
Zones
Open Space Zone
OS
Environmental Conservation Zone
EC
Agricultural
Agricultural Zone
A
1.4
ZONE BOUNDARIES
(a)
The zones and zone boundaries are shown on Schedule "A" that are
attached to and form part of this By-law.
(b)
Respecting the zone boundaries of the zones, the following applies:
(i)
Each parcel of land within the Town is provided within a zone
category or categories, and thus, the boundary of the parcel forms
the zone boundary.
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(ii)
The Environmental Conservation (EC) Zone and Open Space (OS)
Zone are exceptions to clause a) above in that the boundary
reflects the natural features and the location of the boundary may
be determined by lot line, road, rail line, or where the zone does
not abut any of the above, by the scale of the map.
(c)
Where a parcel of land or lot falls into two or more zones, each portion of
the parcel of land or lot shall be used in accordance with the provisions of
this By-law for each of the applicable Zones.
1.5
MANDATORY WORDING
The words "must" or "shall" are mandatory.
1.6
DISCRETIONARY WORDING
The word "may" is not mandatory. "May" is used to indicate that some
circumstances may or may not be applicable.
1.7
DEFINITIONS
For convenience, terms that are in bold are defined in Section 2 of this By-law.
This does not apply to the titles of Sections.
1.8
EXAMPLES AND ILLUSTRATIONS
Examples and illustrations are for the purpose of clarification and convenience,
and do not form part of this By-law.
1.9
SEVERABILITY
Should any section, clause, provision or Schedule of this By-law, be held by a
court of competent jurisdiction to be invalid, the validity of the remainder of the
By-law shall not be affected.
1.10 LITIGATION
This By-law does not affect the rights of any person or landowner concerned in
any action, litigation or other proceeding pending on the date of final passage,
except to the extent to be determined in the final adjudication of action, litigation
or other proceedings.
1.11 CERTIFICATE OF OCCUPANCY
(a)
No land may be used or occupied, and no building or structure which
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has been erected or altered may be used or changed in use, in whole or
in part, until a Certificate of Occupancy by the Town under Section 34 of
the Planning Act has been issued stating that the proposed use and
occupancy of the land, building or structure complies with the provisions
of this By-law.
(b)
No Certificate of Occupancy, no building permit and no approval of an
application for any municipal license shall be issued where the proposed
use, building or structure, is contrary to the provisions of this By-law.
1.12 NEED FOR COMPLIANCE WITH OTHER LAWS
Nothing in this By-law shall exempt any person from complying with the
requirements of any other legislation or by-law in force or from obtaining any
license, permission, permit authority or approval required by this by-law, any
other by-law or any other legislation.
Where Conservation Authority Regulation of Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses (O. Reg. 172/06 and
179/06), are in force and effect, a permit from the Conservation Authority having
jurisdiction, shall be obtained pursuant to the provisions of the Conservation
Authorities Act prior to the following:
(a)
the construction, reconstruction or erection of a building or placing of fill';
(b)
changes that would alter the use, or potential use, size or dwelling units
of a building or structure; and
(c)
works within or around a wetland or watercourse.
Lands that are regulated include floodplains, erosion hazards, wetlands,
watercourses, hazardous soils and shorelines.
1.13 VIOLATIONS AND PENALTIES
Any person who contravenes this By-law is guilty of an offence and, each day a
breach of this By-law continues, constitutes a separate offence and on summary
conviction, the offender is liable to discontinuation of land use and a fine as
provided for under the Planning Act.
1.14 REPEALS OF PREVIOUS BY-LAWS
The following By-laws, and all amendments thereto, are hereby repealed except
to give effect to the transitional provisions in Section 1.16 of this By-law or to give
effect to the Exceptions of this By-law.
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1.15 TECHNICAL REVISIONS TO THE ZONING BY-LAW
Provided that the purpose and effect of this By-law is unaffected, the following
technical revisions to this By-law shall be permitted without a Zoning By-law
Amendment:
(a)
Correction to grammatical, mathematical, boundary or other such errors,
including minor technical revisions to the mapping consistent with the
intent of this By-law and the Town's Official Plan;
(b)
Changes to the numbering of sections, the numbering contained in the
cross-referencing of sections, and the format and arrangement of the text,
tables, schedules and maps, and the numbering of pages;
(c)
Corrections or revisions to the technical information contained on maps,
such as the title blocks and legend;
(d)
Changes to the illustrations or the Preamble, which are not considered to
form part of this By-law; and
(e)
Changes resulting from the removal of a holding symbol.
1.16 TRANSITION PROVISIONS
1.16.1 Building Permit Applications
Nothing in this By-law shall prevent the erection of use of a building or
structure for which an application for a building permit was filed on or
prior to the date of passage of this By-law, if the application complies, or
the building permit application is amended to comply, with the provisions
of the former Zoning By-law No. 93-14-Z1 provisions as it read on the date
of passage of this By-law. For the purposes of this section, an application
for a building permit means an application for a building permit which
satisfies the requirements set out in the Building Code Act, as amended.
1.16.2 Minor Variance
Where the Committee of Adjustment of the Town or the Local Planning
Appeal Tribunal has authorized a minor variance, in respect of any land,
building or structure and the decision of the Committee of Adjustment
of the Town or the Local Planning Appeal Tribunal authorizing such minor
variance has become final and binding prior to the enactment of this By-
law, the provisions of this By-law, as they apply to such land, building or
structure, shall be deemed to be modified to the extent necessary to give
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effect to such minor variance.
1.16.3 Consent
(a)
Where:
(i)
an application is made for consent to convey land under
Section 50 of the Planning Act, prior to enactment of this By-
law; and,
(ii)
that consent is granted and that land is conveyed before the
consent lapses; and,
(iii)
that consent results in the creation of one or more lots which
do not comply with the lot frontage or lot area requirements
of this By-law;
then, each such lot created is deemed to comply with the lot
frontage and lot area requirements of this By-law provided the lot
created complies with the lot frontage and lot area requirements
of the applicable zoning prior to the date of adoption of this By-law.
(b)
Where:
(i)
an application for consent has been approved and a long
form certificate has been issued by the Town in accordance
with Section 53(42) of the Planning Act; and
(ii)
the conveyance has not occurred prior to the date of
adoption of this Zoning By-law;
such lot shall be deemed to comply with the lot frontage and lot
area of the zone in which the lot is located; provided such lot
complied with the lot frontage and lot area requirements of the
applicable zoning prior to the date of adoption of this By-law.
1.16.4 Site Plan
Where a Site Plan Agreement has been entered into prior to the effective
date of this By-law, and the timeframes specified in the Agreement have
not yet lapsed, the provisions of this By-law, as they apply to such land,
building or structure, shall be deemed to be modified to the extent
necessary to give effect to such Site Plan Agreement.
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1.17 EFFECTIVE DATE
This By-law comes into force and takes effect on the day it is finally passed by
Council of the Corporation of the Town.
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SECTION 2 - DEFINITIONS
For the purpose of this By-law, the definitions and interpretations in this section shall
govern. Furthermore, in this By-law the word "shall" is mandatory and not directory.
Unless otherwise specifically indicated, words in the singular include the plural and vice
versa; words in the present tense include the future and vice versa; and the masculine
includes the feminine and vice versa.
A
2.1
ABATTOIR means a slaughter house designed for the purpose of killing animals,
skinning, dressing and cutting up of carcass, wrapping for sale for human
consumption with cooler and freezer storage and includes indoor confinement of
animals while awaiting slaughter but shall not include any cooking or process
related to processing plants such as smoking, curing or the manufacturing of
meat by-products or any process related to rendering plants such as the
manufacture of tallow, grease, glue, fertilizer or any other inedible product.
2.2
ACCESSORY USE means a use customarily incidental, subordinate and
exclusively devoted to a principal use and located on the same lot as the
principal use.
2.3
ACCESSORY BUILDING OR STRUCTURE means a
detached building or structure not used for human
habitation, but used to house an accessory use and
includes a private garage.
2.4
ADDITION OR EXTENSION TO AN EXISTING
BUILDING OR STRUCTURE means any expansion or increase in size of a
building or structure.
2.5
ADULT ENTERTAINMENT ESTABLISHMENT means any premises or portion
thereof in which is provided in pursuance of a trade, calling, business or
occupation, body-rub business, goods or services appealing to or designed to
appeal to erotic or sexual appetites or inclinations.
2.6
AGRI-TOURISM USE means a farm-related tourism use, including limited
accommodation such as a bed and breakfast, that promote the enjoyment,
education or activities related to the farm operation.
2.7
AGRICULTURAL CONSERVATION USE means an area of land comprising part
of an active agricultural use that is generally in its natural state and which is
used to preserve, protect, link and/or improve components of the natural heritage
system and may include as an accessory use, passive recreational uses such
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as trails, interpretive walking tours, temporary research stations for wildlife or
weather patterns and structures to prevent or control flooding and erosion.
2.8
AGRICULTURE PRODUCE PROCESSING means the use of land, buildings or
structures for processing farm produce as an ancillary use to principle
agricultural uses but does not include a retail use or an abattoir.
2.9
AGRICULTURAL PRODUCE STAND means a building or structure or portion
thereof where only locally grown produce is retailed to the general public.
2.10 AGRICULTURAL PRODUCE WAREHOUSE AND/OR SHIPPING means a
building or structure or portion thereof where agricultural produce and/or
products are stored, and distributed to and from, but shall not include a retail
use.
2.11 AGRICULTURAL EDUCATION AND/OR RESEARCH means the use of a
building, structure or land or a portion thereof for agricultural education
and/or research and may include related activities and uses accessory to
agricultural education and/or research.
2.12 AGRICULTURAL USE means the use of land, buildings or structures for
the growing of crops including nursery, biomass, and horticultural crops; raising
of livestock; raising of other animals for food, fur or fibre including poultry and
fish; aquaculture; apiaries; agro-forestry; maple syrup production; and
associated on-farm buildings and structures, including, but not limited to,
livestock facilities, manure storages, value-retaining facilities and accommodation
for full-time farm labour when the size and nature of the operation requires
additional employment. The definition of agricultural use shall not include
cannabis production facility.
2.13 AGRICULTURAL-RELATED USE means those farm-related commercial and
farm-related industrial uses that are directly related to farm operations in the
area, support agriculture, benefit from being in close proximity to farm operations,
and provide direct products and/or services to farm operations as a primary
activity.
2.14 ALTER, when used in reference to a building or structure or portion thereof,
means any alteration in a bearing wall or partition column, beam, girder, or other
supporting member of a building or structure, or any increase in the area or
cubic contents of a building or structure. When used in reference to a lot,
alter means to decrease the width, depth or area of a lot or to decrease the
width, depth or area of any required yard, setback, landscaped open space
area or parking area, or to change the location of a boundary of such lot with
respect to a public highway or laneway, whether such alteration is made by
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conveyance or alienation of any portion of said lot, or otherwise. The words
"altered" and "alteration" shall have a corresponding meaning.
2.15 AMBULANCE STATION means a building or portion thereof where ambulances
are dispatched to emergency situations.
2.16 AMENITY AREA means open space areas, balconies or recreation facilities, or
other similar facilities in a residential or mixed use development which provide
recreational space for the residents of a development.
2.17 ANIMAL SHELTER means a building or portion thereof where small domestic
animals, household pets, birds, livestock and farm animals are given temporary
shelter and accommodation, where minor treatment is given, and includes a
public pound and crematorium but does not include any establishment engaged
primarily in the retail sale of animals or in the breeding or training of animals for
gain or profit.
2.18 ARENA means a building or structure or portion thereof where facilities are
provided primarily for athletic or recreational events.
2.19 ARTISAN SHOP means a building or portion thereof used by an artist for the
display and sale of fine arts, crafts, photography and antiques including furniture
which are created, refurbished or reproduced on the premises by the artist but
does not include any manufacturing use, flea market or retail use where
goods sold are not produced by the artist on the premises.
2.20 ASSEMBLY HALL means a building or portion thereof used for the gathering
together of groups of persons for a specific function, including public meetings,
but shall not include a "Banquet and/or Convention Centre".
2.21 ASSEMBLY USE means a building or portion thereof wherein products and
materials are assembled or joined together to create finished or semi-finished
products.
2.22 ATTACHED means a building otherwise
complete in itself, which depends for structural
support or complete enclosure upon a division
wall or walls shared in common with adjacent
building or buildings.
2.23 AUDITORIUM means a building or structure or
portion thereof where facilities are provided for
civic, educational, musical, recreational, theatrical, political, religious, or social
events including an assembly hall, arena, cinema, theatre, opera house,
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concert hall, public museum, exhibition hall, convention centre or community
social centre but does not include a commercial recreation centre, or drive in
theatre, or any retail store or eating establishment unless such retail store or
eating establishment is an accessory use.
2.24 AUTOMOTIVE USE means the use of land, buildings and structures or a
portion thereof, as a vehicle fueling station, vehicle sales and rental
establishment, or vehicle service and repair establishment or vehicle wash
establishment but shall not include a "Truck Stop".
B
2.25 BAKERY means a building or portion thereof for producing, mixing,
compounding or baking bread, biscuits, ice-cream cones, pies, cookies, cakes,
buns or any bakery product of which flour or meal is the principal ingredient. A
bakery may include a bakeshop as an accessory use.
2.26 BAKESHOP means a building or portion thereof where products of a bakery
are offered and kept for retail sale, including baking. A bakeshop may also
include an eating establishment.
2.27 BALCONY means a platform that projects from the wall of a building and is
accessible from inside such building by means of a door.
2.28 BANQUET HALL means a building or structure, or portion thereof used for the
gathering together of groups of people for a specific purpose which may include
the consumption of food and drink and where full kitchen facilities are provided
on the same premises.
2.29 BASEMENT means that portion of a building between two floor levels which is
partly underground, but which has more than one-half of its height, from finished
floor to finished ceiling.
2.30 BED AND BREAKFAST ESTABLISHMENT means a single detached
dwelling, semi-detached dwelling or townhouse dwelling, which is owned by
and is the principal residence of the proprietor and which provides sleeping
accommodation for the travelling public, and may include the provision of
breakfast, but shall not include a "Hotel/Motel" or "Inn". The term "Tourist
Home" shall have the same meaning.
2.31 BERM means a mound of earth which may include landscaping features, formed
to provide visual and/or acoustical separation.
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2.32 BOAT HOUSE means a building or structure located on a lot which abuts the
water's edge used to house, shelter or protect a boat or other form of water
transportation, but shall not include a "Dwelling".
2.33 BREWERY or DISTILLERY means a building used for the brewing or distilling
of alcoholic beverages or beverage products with alcoholic content, where the
use may involve the milling or distilling of fruit, grain, hops, rice or malt or other
products. Where the Brewery or Distillery is using products grown on-site or
locally grown, they may be permitted in the Agricultural Zone.
2.34 BUILDING means a structure, whether permanent or temporary, having a roof
supported by columns or walls or supported directly on the foundation and used
for accommodation, shelter or storage of people, animals or goods but shall not
include a fence, trailer, truck camper, motor home, or tent.
2.35 BUILDING LINE means any line regulating the position of a building or
structure on a lot in accordance with the requirements of the Town or any other
regulatory authority.
2.36 BUILDING LINE, ESTABLISHED means the average setback of existing
buildings from the streetline, on the adjacent lots which have been built upon
on the same side of the street between two intersecting streets, where more
than one-half of the frontage between said intersecting streets have been built
upon.
2.37 BUILDING PERMIT means a permit required by any by-law and/or the Building
Code Act and in each case issued pursuant to the Building Code Act.
2.38 BUILDING, PRINCIPAL OR MAIN means the building in which is carried out,
the principal purpose for which the lot is used.
2.39 BUILDING SUPPLY AND SERVICE means a building, structure or lands
where the principal function is the selling of a wide variety of building supplies
including lumber, millwork, siding, fencing, plumbing, electrical, air conditioning
and heating equipment and similar commodities.
C
2.40
CAMPGROUND means premises consisting of at least five camping sites for the
overnight and/or temporary camping or parking of travel trailers, truck
campers, or tents for recreational or vacation use and designed for seasonal
occupancy only.
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2.41
CANNABIS PRODUCTION FACILITY means any building or use, licensed and/or
authorized to possess, grow, sell, provide, ship, deliver, transport, destroy, test,
produce, export and/or import cannabis for medical or non-medical purposes,
including related research as defined in applicable Federal Regulation as
amended from time to time.
2.42 CARPORT, PRIVATE - see definition of "Garage, Private", contained herein.
2.43 CATERING means the use of a building or part of a building where food is
prepared on the premises and delivered elsewhere to be consumed.
2.44 CEMETERY means land that is used as a place for the interment of the dead or
in which human bodies have been buried and may include a columbarium and a
mausoleum.
2.45 CHIEF BUILDING OFFICIAL means the person, appointed by Council, as the
Chief Building Official charged with the duty of enforcing and administering the
provisions of the Building Code Act, as amended, or any successor thereto,
together with any regulations thereunder.
2.46 CLINIC means a building or portion thereof used by health care professionals,
their staff and their patients for the purposes of consultation, diagnosis and
treatment.
2.47 CLUB, COMMERCIAL means a building used as an athletic, recreational
or social club operated for gain or profit.
2.48 CLUB, PRIVATE means a building or portion thereof where social, athletic or
recreational activities are carried out solely by a private organization for its
members.
2.49 COMMERCIAL USE means the use of land, buildings or structures for the
purpose of buying and/or selling of commodities and/or the supply of services for
remuneration, but does not include activities associated with industrial uses.
2.50 COMMITTEE OF ADJUSTMENT means the Committee of Adjustment as
appointed by Council pursuant to the Planning Act.
2.51 COMMUNITY CENTRE OR COMMUNITY HALL means a building or portion
thereof used for community activities and which shall not be used for any
commercial purpose.
2.52 CONCRETE BATCHING OR ASPHALT PLANT means the use of land,
buildings or structures for the purpose of the manufacturing of concrete or
asphalt, or products or objects made therefrom.
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2.53 CONSERVATION USE means the use of an area of land that is generally in its
natural state to preserve, protect and/or improve components of the natural
heritage system and may include, as an accessory use, hiking trails and/or
cross country ski trails, the protection against floods and erosion, buildings and
structures such as nature interpretation centres and public information centres.
2.54 CONTAMINANT means any solid, liquid, gas, odor, heat, sound, vibration,
radiation or combination of any of them resulting directly or indirectly from human
activities that may cause an adverse effect.
2.55 CONTRACTOR'S YARD means the use of land, buildings or structures
wherein vehicles and equipment may be parked or stored for use in construction
and/or renovation trades.
2.56 CONVENIENCE STORE means a building or structure or portion thereof
where a variety of household products, meat, baked goods and grocery items are
offered for sale to serve the day to day needs of the residents of the immediate
neighbourhood.
2.57 COUNCIL means the elected Council of the Town of Lincoln.
2.58 CULINARY SCHOOL means premises where the food is prepared by the
participants and consumed on the premises and which is operated for gain or
profit.
2.59 CULTURAL USE means a building or structure or portion thereof which is
used for cultural purposes such as a museum or art gallery.
2.60 CUSTOM WORKSHOP means a building or structure or portion thereof used
by a trade, craft or guild for manufacturing small quantities of made to measure
or made to order clothes or articles and includes upholstering, furniture
restoration and refinishing, custom order manufacturing of articles such as
draperies and blinds, but does not include any manufacturing uses which
generate nuisance impacts such as noise, dust or vibration.
D
2.61 DAYCARE CENTRE means premises for the temporary care and custody of
more than five children who are under ten years of age that is operated for
reward or compensation for a continuous period not exceeding twenty-four hours
and has a license as required to operate.
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2.62 DECK means a ground-oriented structure over 0.6
metres above any part of the finished grade of the
adjoining exterior wall used as an outdoor living area or
amenity space which may or may not be attached to a
building and which does not have any walls or a roof.
2.63 DENSITY means the number of dwelling units per hectare on a lot.
2.64 DRAINAGE DITCH AND IRRIGATION CHANNEL means those channels or
means of conveying the passage of water that the Town, Niagara Peninsula
Conservation Authority and Ministry of Natural Resources agree, have physical
characteristics that are man-made or have been altered to the point that they no
longer perform the functions of a natural watercourse.
2.65 DRIVE-THRU FACILITY means a use which includes a facility where business
may be conducted, including the sale of goods, food or other articles, directly
with individuals who remain in their vehicles.
2.66 DRIVEWAY means a vehicular access provided between a street or lane or
parking area or a loading space or between two parking areas, but does not
include a parking aisle.
2.67 DRY CLEANING DISTRIBUTION STATION means a building or structure or
portion thereof used for the purpose of receiving articles or goods of fabric to be
subject to the process of dry-cleaning.
2.68 DRY CLEANING ESTABLISHMENT means a building or structure or portion
thereof where dry-cleaning, dry-dyeing, cleaning or pressing of articles or goods
of fabric is carried on and in which only non-flammable solvents are used which
emit no odours or fumes and from which no noise or vibration is emitted.
2.69 DWELLING means a building used for human habitation as a residence, with or
without an attached private garage, but shall not include a motor home,
mobile home dwelling, vehicle, trailer, hotel/motel, tourist home, bed and
breakfast establishment, or dwelling unit accessory to a non-residential use.
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2.70 DWELLING, APARTMENT means a building
containing five or more dwelling units, which have a
common entrance from the street level and where
the occupants have the right in common to use halls,
elevators, stairs, yards and accessory buildings.
2.71
DWELLING, BACK-TO-BACK TOWNHOUSE
means building that is divided into three or more
dwelling units, each of which has independent
entrances. One side of the unit shares a common
corridor or common wall, and the other side has an
entrance directly to the outside yard area adjacent to
the dwelling unit (also known as maisonettes). A
back-to-back townhouse dwelling shall not be
considered an apartment building for the purpose of
this By-Law.
2.72 DWELLING, BLOCK TOWNHOUSE means a group of
no more than 8 dwellings units located on the same lot,
where the lot has direct access onto and frontage along
a public street.
2.73 DWELLING, DUPLEX means a building containing
two dwelling units, on one lot but does not include a
"Semi-detached Dwelling".
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2.74 DWELLING, FOURPLEX means a building containing
four dwelling units.
2.75 DWELLING, LIVE-WORK means a dwelling unit that includes working space
accessible from the living area, regularly used by one or more of the residents of
the dwelling unit, but does not include a home-based business.
2.76
DWELLING, MOBILE HOME means a dwelling designed to be towed on its
own chassis (notwithstanding that its running gear is or may be removed), and
which is suitable for permanent or seasonal occupancy as a residence, except
for minor and incidental unpacking and assembly operations, placement on a
mobile home stand and connections to utilities, but which does not include a
travel trailer, motor home, or other trailer or a single detached dwelling or a
modular home constructed in parts and designed to be transported to a lot and
where they are joined as an integral unit and placed on a permanent foundation
over a cellar or basement.
(a)
Mobile Home, single wide, means a mobile home dwelling designed to
be transported in a single load;
(b)
Mobile Home, double wide means a mobile home dwelling consisting of
two sections which are transported separately and are designed to be
joined together into one integral unit.
2.77 DWELLING, SECONDARY RESIDENTIAL UNIT means a dwelling unit that is
secondary to a single detached dwelling, semi-detached dwelling unit, or a
townhouse dwelling unit, and is maintained as a self-contained unit with food
preparation and sanitary facilities, and in accordance with the provisions of this
By-law.
2.78 DWELLING, SEMI-DETACHED means a building
divided vertically into two dwelling units by a common
wall extending from the base of the foundation to the
roof, a minimum height of one storey above grade and
a minimum horizontal distance of thirty percent of the
horizontal depth of the building. The attachment along
the common wall may include a dwelling unit wall
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and/or a garage wall. Each unit may be located on a separate lot.
2.79 DWELLING, SINGLE DETACHED means a building
containing one dwelling unit, but does not include a
"Mobile Home Dwelling".
2.80 DWELLING, STACKED TOWNHOUSE means a building containing 3 or more
dwelling units, with each dwelling unit separated from the other both
horizontally and vertically that may have a private independent entrance from a
yard or a shared entrance from a common corridor, vestibule, or landing.
2.81 DWELLING, STREET TOWNHOUSE means a townhouse
dwelling which has direct access and frontage along a
public street. Each dwelling unit may be located on a
separate lot. For street townhouses, the maximum
number of attached units shall be 8 units.
2.82
DWELLING, TRIPLEX means a building that is divided horizontally into three dwelling
units, each of which has an independent entrance either directly or through a common
vestibule.
2.83 DWELLING UNIT means one room or a group of rooms in a building used or
designed or intended to be used as a single, independent and separate
housekeeping unit:
(a)
In which a food preparation area and sanitary facilities are provided for the
exclusive use of such housekeeping unit; and
Single
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(b)
Which has a private entrance from outside the building or from a common
hallway or stairway inside the building; but does not include a tent, cabin,
trailer, motor home, mobile home, or in a hotel/motel or in a bed and
breakfast establishment or in a tourist home.
2.84 DWELLING UNIT, ACCESSORY means a dwelling unit accessory to and
wholly contained within a permitted non-residential use.
2.85 DWELLING UNIT AREA means the aggregate of the floor areas of all
habitable rooms, bathrooms, kitchen areas, lobbies and hallways within a
dwelling unit, and the thickness of any exterior walls.
2.86 DWELLING UNIT, STUDIO means a dwelling unit in which only one room or
part thereof contains sleeping accommodation and which room is also used as a
living or dining room or both, as well as sleeping accommodation, but does not
mean or include a dwelling unit containing one or more rooms designed
exclusively for sleeping.
2.87 DYNAMIC BEACH means a beach or dune where deposits are 0.3 metres thick
or more, 10 metres in width and at least 100 metres in length along a shoreline
and where the fetch (the distance the wind blows over the water) is more than
five kilometres.
2.88 DYNAMIC BEACH HAZARD means areas of inherently unstable accumulations
of shoreline sediments along the Lake Ontario shoreline, as identified by
provincial standards, as amended from time to time. The dynamic beach hazard
limit consists of the flooding hazard limit plus a dynamic beach allowance.
E
2.89 EATING ESTABLISHMENT means a building or portion thereof where food is
prepared and offered for sale to the public for consumption therein or for
consumption away from the premises. An eating establishment may also
include a facility licensed by the Alcohol and Gaming Commission of Ontario or
any successor thereto but shall not include a "Truck Stop". An eating
establishment may also include a "Drive-Thru Facility".
2.90 EATING ESTABLISHMENT, DINING means a building or structure or portion
thereof where food is prepared and offered for sale to the public for consumption
on the premises.
2.91 EATING ESTABLISHMENT, TAKE-OUT means a building or structure or
portion thereof where food is prepared and offered for sale to the public for
consumption away from the premises.
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2.92 EMERGENCY CARE ESTABLISHMENT means an institutional use that
provides a means of immediate temporary accommodation and assistance for a
short-term period in case of emergency.
2.93 EQUESTRIAN FACILITY means an area of land where three or more horses are
boarded and ridden by their owners or rented to others and/or where horseback-
riding lessons may be given.
2.94 EQUIPMENT SALES AND RENTAL ESTABLISHMENT means premises where
machinery and equipment are offered or kept for rent, lease or hire under
agreement for compensation, but shall not include any other establishment
defined or classified in this By-law.
2.95 ERECT means, with reference to a building or structure, to build, alter,
construct, reconstruct, relocate or enlarge and without limiting the generality of
the foregoing also includes:
(a)
Any physical operation such as excavating, filling, grading or drainage
works preparatory to building, construction, reconstruction; or
(b)
Altering any existing building or structure by an addition, deletion,
enlargement or other structural change; or
(c)
The moving of a building or structure from one location to another; or
(d)
Any work for which a building permit is required.
"Erected" and "Erection" shall have a corresponding meaning.
2.96 EXISTING means legally existing as of the date of passing of this By-law.
2.97
EXTRACTIVE USE means the use of land, buildings or structures for the
removal of earth, clay, marl, sand, gravel, stone, limestone, marble, fill, mineral
or other similar substance and includes accessory uses such as equipment for
crushing, screening or washing of sand, gravel or aggregate materials and the
stockpiling and storage of said materials.
F
2.98 FABRICATING means the use of a building, or portion thereof, wherein
materials and other components are joined together by hand or machine to
create other products.
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2.99 FARM LABOUR HOUSING means secondary dwelling units within an existing
building on the farm, or a temporary structure, such as a trailer or other
portable dwelling unit, an existing dwelling, or a new structure or expansion,
on a parcel of land that is part of the extended farm operation or located in a
nearby settlement area or on a rural lot.
2.100 FARM IMPLEMENT SALES AND SERVICE means the use of land and
buildings for the purpose of selling, servicing and repairing new and used farm
equipment and machinery.
2.101 FARM PRODUCE OUTLET means a building or portion thereof wherein the
retail sale of the following products are offered for sale to the general public:
(a)
Locally grown produce (a minimum of 70 percent of the retail floor area);
(b)
Imported Produce;
(c)
Bakery items and processed fruit prepared on the premises, grocery, deli
and dairy products and locally made crafts (a maximum of 50 square
metres retail floor area);
(d)
Locally grown greenhouse and nursery products;
(e)
Locally made Floral Products.
2.102 FARM SERVICE SUPPLY AND ESTABLISHMENT means a building or
structure or portion thereof, such as a farm co-op, used for the retail sale and
rental for farm use of minor equipment and implements and parts thereof and
tools, hardware and clothing and includes a farm implement sales and service
establishment.
2.103 FEEDLOT means any tract of land or building or structure, pen or corral,
wherein cattle, horses, sheep, goats and swine are maintained in close quarters
for the purpose of fattening such livestock for final shipment to market for
slaughter.
2.104 FEED MILL means a building or structure or portion thereof wherein farm
commodities are bought, sold, stored and also includes drying, processing and
elevation for storage of farm commodities such as cereal grains, corn, soybeans,
etc.
2.105 FENCE includes a free standing wall, structure or partition constructed of any
material or combination of materials, enclosing, partly enclosing or dividing lot
boundaries or being used for decorative purposes.
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2.106 FINANCIAL USE means a commercial establishment such as a bank, trust
company, credit union or other similar business or institution where money is
deposited, kept, lent and exchanged.
2.107 FIREHALL means a building or portion thereof wherein fire fighting equipment
and vehicles are stored. A firehall may also include accommodation for
firefighters and other accessory uses.
2.108 FLEA MARKET means the retail use of land, buildings and/or structures
where buyers and sellers convene for the sale of old, used or new articles or
goods.
2.109 FLOOR AREA, with reference to a dwelling, - see definition of "Dwelling Unit
Area", defined herein.
2.110 FLOOR AREA, GROSS, with reference to uses other than a dwelling, means
the total floor area of all storeys of a building or structure, including the floor
area of any basement, which floor areas are measured between the exterior
faces of the exterior walls of a building at each floor level, but excluding any
parking areas or loading areas within the building or structure. For the
purposes of this definition, the walls of an inner court shall be deemed to be
exterior walls.
2.111 FLOOR AREA, GROUND means the floor area of the lowest storey of a
building or structure, excluding any basement or cellar which is measured
between the exterior faces of the exterior walls of the floor level of the said
storey.
2.112 FLOOR AREA, PUBLIC means that portion of a building which is accessible to
the public, including waiting, serving and seating areas, but excludes public
washroom areas.
2.113 FOOD VEHICLE means an outdoor vehicle not permanently affixed to the
ground and capable of being moved on a daily basis, from which food intended
for immediate consumption is provided for sale or sold, and includes a motorized,
self-propelled vehicle (i.e. food truck), a vehicle that is not self-propelled but can
be towed (i.e. food trailer) and a vehicle moved by human exertion (i.e. food
cart).
2.114 FORESTRY means the use of land for planting, management and harvesting of
timber resources but does not include a "Sawmill". However, it may include the
use of portable sawmills and chippers on site as a temporary use.
2.115 FUEL PUMP means a piece of equipment used to dispense fuel products such
as gasoline, propane or natural gas and includes a fuel pump island.
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2.116 FUEL STORAGE DEPOT AND SUPPLY YARD means the use of land,
buildings or structures or portion thereof, wherein fuels such as gasoline,
propane, natural gas, oil, kerosene, diesel fuel, coal and wood are stored or kept
for sale or distribution and resale.
2.117 FUNERAL HOME means a premises where the preparation of the dead human
body for internment or cremation is undertaken and may include accessory
uses such as the sale of caskets and provision of facilities for public worship and
service.
G
2.118 GARAGE, PRIVATE means an accessory building or portion of a building,
which is used for the sheltering of private vehicles and includes an open or
partially enclosed shelter commonly known as a carport. Such building may be
used for storage of household equipment incidental to the residential occupancy
but shall not include facilities for repairing or servicing vehicles for gain or profit.
The term private garage shall have the same meaning.
2.119 GARAGE, PUBLIC - see definition of "Vehicle Service and Repair
Establishment", defined herein.
2.120 GARDEN CENTRE means the use of land, buildings or structures or portion
thereof for the growing and/or retail sale of flowers, bushes, shrubs, trees, plants
and other nursery stock. A garden centre also includes the incidental sale of
such items as fertilizers, pesticides, soil, pots and garden ornaments and may
also include greenhouses.
2.121 GARDEN SUITE means a small independent temporary building, physically
separate from the principal dwelling unit with which it is associated, which may
be used as a dwelling unit, or for activities accessory to those permitted in the
principal dwelling unit.
2.122 GAZEBO means a freestanding roofed building or structure which is not
enclosed, except for screening or glass and which is utilized for the purposes of
an outdoor sitting area and is an accessory use to a residential dwelling but
shall not include any other use or activity otherwise defined or classified in this
By-law.
2.123 GOLF COURSE means the use of land for the purposes of playing golf and may
include a driving range as an accessory use, but does not include miniature golf
courses and similar uses operated for commercial amusement purposes. A
golf course may also include accessory buildings and structures necessary
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for the operation and maintenance of the golf course and club house facilities
including an eating establishment, a banquet hall, meeting rooms and retail
uses accessory to the golf course.
2.124 GOLF DRIVING RANGE means an indoor or outdoor public or private facility
dedicated to the driving of golf balls from fixed golf tees.
2.125 GRADE, FINISHED means the average elevation of the surface ground adjoining
a building or structure at all exterior walls.
2.126 GRAIN STORAGE AND DRYING FACILITY, COMMERCIAL means the use of
land, buildings or structures or portion thereof wherein agricultural commodities
such as cereal grains, corn and soybeans are dried, stored, mixed or treated
which is operated as commercial business.
2.127 GRAIN STORAGE AND DRYING FACILITY, PRIVATE means a use accessory
to an agricultural use, comprised of permanently fixed buildings or structures
or portion thereof where cereal grains, corn or soybeans are dried and/or stored,
but shall not include a Commercial Grain Storage and Drying Facility.
2.128 GREENHOUSE means the use of a building or structure for the growing of
such items as flowers, bushes, shrubs, trees, plants, fruits, vegetables and other
types of nursery stock. Such use may also include the wholesale or retail sale of
greenhouse products customarily, incidental, subordinate and exclusively
devoted to the principal use, located on the same lot therein. A retail use
accessory to a greenhouse shall have a maximum retail floor area of 200
square metres. For the purpose of this definition, a greenhouse shall also
include a hoophouse, but shall not include a cannabis production facility.
2.129 GROSS WEIGHT means the combined weight and carrying capacity for which a
vehicle or trailer is registered by the Ministry of Transportation, or any successor
thereto.
2.130 GUEST ROOM means a room or suite of rooms used or maintained for the
accommodation of the public and which contain no provisions for cooking.
2.131 GYMNASIUM means a building or portion of a building within a school,
college or university used for various indoor sports and may include spectator
accommodation.
H
2.132 HABITABLE ROOM means a room designed for living, sleeping, eating or food
preparation, including a den, library, sewing room or enclosed sun-room but
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does not include a bathroom, washroom, toilet room, storage room, laundry
room, hallway or corridor area.
2.133 HATCHERY means an agricultural related use which consists of a structure
designed to incubate the eggs of fowl for the purpose of hatching chicks for sale
to agricultural operations.
2.134 HAZARDOUS WASTE means those wastes requiring special treatment in that
they cannot be treated or disposed of by conventional facilities such as sewage
treatment plants or municipal landfill sites and include explosive, flammable,
volatile, radioactive, toxic and pathological waste.
2.135 HEIGHT means the vertical distance measured from
the finished grade level to the highest point of the
roof surface, or the parapet, whichever is greater. In
the case of a deck, height means the height of the
highest floor level. In calculating the height of a
building, any construction used as an ornament or
for the mechanical operation of a building such as a
mechanical penthouse, fire hose tower, chimney,
tower, cupola or steeple, is not to be included.
2.136 HEREIN means "in this By-law" and shall not be limited to any particular Section
or subsection, Table or Schedule of this By-law.
2.137 HIGHWAY means a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, designed and intended for, or
used by, the general public for the passage of vehicles and which has been
assumed for public use as a public highway.
2.138 HOME-BASED BUSINESS means an occupation, business or professional
practice accessory to a dwelling unit, its garage or its accessory building and
operated by the principal resident of the dwelling unit. No more than 25% of the
total area can be used for home-based business.
2.139 HOME FOR SPECIAL CARE means a building that is licensed or funded under
an Act of the Parliament of Canada or the Province of Ontario for the
accommodation of persons exclusive of staff, living under supervision and who,
by reason of their emotional, mental, social or physical condition or legal status,
require a group living arrangement for their well-being, but does not include a
place maintained and operated primarily for the care of or occupation by inmates
or persons placed on probation or released on parole or for any other
correctional purpose.
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2.140 HOSPITAL, PRIVATE means an institution, building or other premises licensed
by the Ministry of Health under the Private Hospitals Act.
2.141 HOSPITAL, PUBLIC means any institution, building or other premises or place
established for the treatment of persons afflicted with or suffering from sickness,
disease or injury or for the treatment of convalescent or chronically ill persons
that is approved under the Public Hospitals Act.
2.142 HOSPITALITY ROOM means part of a winery, brewery and distillery building
where wine and food may be served but does not include the use of commercial
cooking equipment on-site in the preparation of food. A hospitality room does
not include an "Eating Establishment".
2.143 HOTEL/MOTEL means a commercial establishment catering to the needs of the
travelling or vacationing public by supplying accommodation with or without food.
Up to 40% percent of the gross floor area of the Hotel/Motel may include
"Apartment Dwelling" units. A Hotel/Motel may include accessory uses such
as personal service uses, eating establishments and banquet and/or
convention facilities. Motel/Hotel has the same meaning but does not include an
Inn.
I
2.144 INDUSTRIAL USE means the use of land, buildings or structures for the
manufacturing, processing, fabricating or assembly of raw materials or goods,
warehousing or bulk storage of goods and materials and related accessory and
ancillary uses.
2.145 INDUSTRIAL REPAIR GARAGE means a building or portion thereof where
commercial or industrial vehicles such as buses, trucks, construction and
industrial vehicles are repaired but does not include the long-term storage of
said commercial or industrial vehicles.
2.146 INDUSTRIAL MALL means a group of permitted industrial uses designed,
developed and functioning as a single complex as opposed to an area
comprising an individual industrial establishment.
2.147 INN means a building used for the purposes of supplying sleeping
accommodation to the travelling public and may include the provision of meals
but shall not include a "Hotel/Motel".
2.148 INSTITUTIONAL USE means the use of land, buildings or structures for
religious, charitable, educational, health or welfare purposes and without limiting
the generality of the foregoing, may include churches, places of worship, public
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or private schools, public or private hospitals, community centres,
government buildings, children's residences and special care residences.
K
2.149 KENNEL means the use of lands, buildings or structures where more than four
dogs, cats and other small domestic animals or household pets are:
(a)
Boarded for hire or gain; and/or
(b)
Kept for the purpose of breeding; and/or
(c)
Kept for personal use as sled dogs or show dogs; and/or
(d)
Kept for the purpose of training.
L
2.150 LABORATORY means a building or part thereof used for experimental study or
for testing and analysis.
2.151 LANDSCAPED AREA OR LANDSCAPED
STRIP means a permeable area not built upon
and not used for any purpose other than as a
landscaped area which may include grass,
shrubs, flowers, trees and similar types of
vegetation and decorative paths, decorative
walkways, fences and similar appurtenances, but
does not include parking areas, driveways,
service walkways or ramps. The words
"landscaping" and "landscaped" shall have the
same meaning.
2.152 LANDSCAPED OPEN SPACE means the percentage of a lot used as a
landscaped area or strip.
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2.153 LANE means a public or private right-of-way which
provides a secondary means of access to abutting lots and
which is not intended for general traffic circulation.
2.154 LIBRARY means a library, branch library or distribution facility established
under and subject to the provisions of the Public Libraries Act.
2.155 LIVESTOCK USE means the use of lands, buildings or structures including an
accessory manure storage area, for the raising of poultry, cattle, swine, horses,
mink or other furbearing animals, rabbits, sheep, goats or other type of animal
listed by the Agricultural Code of Practice.
2.156 LOADING SPACE means an area of land, exclusive
of aisles or driveways and accessible to a street or
lane which is provided and maintained upon the
same lot or lots upon which the principal use is
located and which is used for the temporary parking
of one or more commercial vehicles while
merchandise or materials are being loaded or
unloaded from such vehicle, and such parking is not
to be used for the purpose of offering commodities
for sale or display.
2.157 LOCALLY GROWN means: (a) for agricultural fruit stands: agricultural products
grown on site; and (b) in all other instances, fruit or produce or grains and other
agricultural products grown on site and harvested in the Regional Municipality
of Niagara and in the Province of Ontario.
Notwithstanding the provisions of this clause, fruit or fruit juice from other sources not
defined as "locally grown" in this by-law, may be used for the production of wine
in the event of a crop failure.
2.158 LONG-TERM CARE HOME means a long-term care home as defined in the
Long-Term Care Homes Act, 2007, as amended.
2.159 LOT means a parcel or contiguous parcels of land designated and registered at
the Registry Office as one parcel of land in one ownership.
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2.160 LOT AREA means the total horizontal area within the
lot lines of a lot, excluding any area covered by
water or marsh or between the rim of the banks of a
river or watercourse. In the case of a corner lot
having streetlines rounding at the corner with a
radius of 6 metres or less, the lot area of such lot is
to be calculated as if the lot lines were projected to
their point of intersection.
2.161 LOT, CORNER means
(a)
A lot situated at the intersection of and
abutting on two or more streets and which
streets have an angle of intersection of not
more than 135 degrees regardless of whether
or not such streets abut a 0.3 metre reserve;
(b)
A lot abutting a curve of a street, the adjacent sides of which curve
contain an angle facing the lot of not more than 135 degrees, and such
angle shall be formed by their tangents drawn from the points where the
side lot lines meet the streetline but does not include a lot abutting the
bulb of a cul-de-sac or a turning circle, regardless of whether or not such
streets have a 0.3 metre reserve.
2.162 LOT COVERAGE means
(a)
That percentage of the lot area covered by all
buildings above ground level, measured at the
level of the lowest storey above grade, including
all porches, verandahs and decks, having a
height of 0.6 metres above any part of the
finished grade, and covered parking areas, but
excluding open unenclosed patios, steps,
cornices, eaves, bay windows, chimney breasts and similar projections
and swimming pools; and
(b)
Does not include that portion of the lot area which is occupied by a
building or horizontal portion thereof which is completely below ground
level; and
(c)
For the purposes of this definition the lot coverage in each zone applies
and shall be deemed to apply only to that portion of such lot that is
located within the said zone.
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2.163 LOT DEPTH means the horizontal distance between
the front and rear lot lines. If the front and rear lot
lines are not parallel, lot depth shall mean the length
of a straight line joining the middle of the front lot line
with the middle of the rear lot line. When there is no
rear lot line, lot depth shall mean the length of a
straight line joining the middle of the front lot line with
the apex of the triangle formed by the side lot lines.
Where the front lot line is curved, lot depth shall be
measured from a line drawn parallel to the chord of the arc constituting the lot
line, lying midway between said chord and a line drawn parallel to said chord
and tangent to said arc. (For the purposes of this By-law, the chord of the lot
frontage is a straight line joining the two points where the side lot lines intersect
the front lot lines.)
2.164 LOT FRONTAGE means
(a)
The horizontal distance between the
side lot lines measured along the
continuous front lot line and if the
front lot line is not continuous,
measured along the longest front
lot line;
(b)
Where the front lot line is not a
straight line or where the side lot
lines are not parallel, the lot
frontage is to be measured by a line
7.5 metres back from and parallel to
the chord of the lot frontage, and
for the purposes of this definition, the chord of the lot frontage is a
straight line joining the two points where the side lot lines intersect the
front lot lines; and
(c)
In the case of a corner lot where a radius has been established, the lot
frontage is determined by measuring along the front lot line after the
side lot line and front lot line have been extended to the point of
intersection.
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2.165 LOT, INTERIOR means a lot other than a corner lot
or a through lot.
2.166 LOT LINE means any boundary of a lot.
2.167 LOT LINE, EXTERIOR means a side lot line that is
also a streetline. "Flankage lot line" shall have the
same meaning.
2.168 LOT LINE, FRONT means
(a)
The lot line that divides the lot from the street;
(b)
In the case of a corner lot, the shorter
streetline shall be deemed to be the front lot
line and the longer streetline shall be deemed
to be an exterior side lot line; and
(c)
In the case of a corner lot with two streetlines of equal length, the lot
line that abuts the wider street, or abuts a Regional Road or a Provincial
Highway shall be deemed to be the front lot line; and in the case of both
streets being under the same jurisdiction, or the same width, the owner of
such corner lot may designate either streetline as the front lot line; and
(d)
In the case of a through lot, the longer boundary dividing the lot from the
street shall be deemed to be the front lot line and the opposite shorter
boundary shall be deemed to be the rear lot line. In case each of such lot
lines should be equal length the Municipality may designate either street
line as the front lot line.
2.169 LOT LINE, REAR means the lot line or lines opposite a front lot line.
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2.170 LOT LINE, SIDE means a lot line other than a front lot line or a rear lot line.
2.171 LOT, THROUGH means a lot other than an interior lot or a corner lot which
has frontage on two streets.
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2.172 MANUFACTURING means a building, structure or part thereof, with or without
an accessory business office or an accessory warehouse, in which is carried on
any process, activity or operation pertaining to the making or remaking of an
article or product or part thereof, including, but not so as to limit the generality of
the foregoing, the following processes:
(a)
Adapting for sale;
(b)
Altering;
(c)
Assembling;
(d)
Cleaning;
(e)
Fabricating;
(f)
Finishing;
(g)
Machining
(h)
Packing;
(i)
Polishing;
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(j)
Processing;
(k)
Ornamenting;
(l)
Refinishing;
(m)
Repairing;
(n)
Restoring;
(o)
Washing.
However, the definition of manufacturing shall not include a "Concrete
Batching or Asphalt Plant".
2.173 MANUFACTURING OF GREENHOUSE COMPONENTS means a building,
structure or part thereof, with or without an accessory business office or an
accessory warehouse, in which is carried on any process, activity or operation
pertaining to the making of products and materials for the greenhouse industry
including products and materials for the construction of greenhouses and
equipment used in greenhouses.
2.174 MARINA means an establishment on a navigable body of water used for boat
docking and launching facilities and may include accessory thereto, locker room
facilities, enclosed and outside storage areas for boats, a marina fueling station
and sales, service and repair facilities and club facilities.
2.175 MERCHANDISE RENTAL USE means a commercial establishment involved in
the leasing and rental of merchandise.
2.176 MOBILE HOME LOT means a parcel of land in a mobile home park for the
placement of a mobile home dwelling and for the exclusive use of the
occupants of the mobile home dwelling. "Mobile Home Site" and "Mobile
Home Lot" shall have the same meaning.
2.177 MOBILE HOME PARK means a development under single ownership not
registered as a plan of subdivision pursuant to The Planning Act, managed by a
mobile home park operator and having one or more mobile home dwellings or
mobile home lots with individual mobile home dwellings situated thereon.
Ownership and responsibility for maintenance of internal roads, underground
services, communal areas and buildings, together with general park
management including snow removal and garbage collection, etc., rests with the
mobile home park operator.
2.178 MODULAR HOME means a prefabricated building or structure which is
designed to provide a permanent dwelling unit for one or more persons and
which is placed on a finished permanent foundation but does not include a
mobile home dwelling, travel trailer, motor home or other trailer.
2.179 MOTEL, HOTEL - see definition of "Hotel/Motel".
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2.180 MOTOR HOME means a self-propelled vehicle capable of being used for
temporary sleeping and/or eating accommodation for one or more persons.
2.181 MUNICIPALITY means the Town of Lincoln.
2.182 MUNICIPAL LAW ENFORCEMENT OFFICER means a person, appointed by Council,
charged with the duty of enforcing this By-law.
2.183 MUNICIPAL SERVICES means all publicly owned physical works and facilities
necessary to sustain and service a lot and shall include streets, municipal water
systems, sanitary sewer services, storm sewers and stormwater ponds.
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2.184 NON-COMPLYING means a use, building or structure existing at the date of
the passing of this By-law is a permitted use under this By-law but which does
not comply with a zone provision or requirement of the zone within which it is
located.
2.185 NON-CONFORMING means the use or activity in respect of any land, building
or structure which is not within the list of permitted uses set out in this By-law
for the zone in which such land, building or structure is located.
2.186 NON-RESIDENTIAL when used in reference to a use, building or structure,
means designed, intended or used for a purpose other than as a dwelling.
2.187 NOTWITHSTANDING when used in this By-law means in spite of, or instead of.
2.188 NOXIOUS USES, when used in reference to a use, building or structure,
means a use which from its nature, or from the manner of carrying on the same,
creates or is liable to create, by reason of gas, fumes or dust, objectionable
odour, noise or vibration or unsightly storage of goods, wares, merchandise,
salvage, junk, waste, or other material, a condition which becomes or may
become hazardous or injurious in regards to health or safety or which prejudices
the character of the surrounding area or interferes with or may interfere with the
normal enjoyment of any use of land, building or structure.
2.189 NURSING HOME means a nursing home licensed under the Nursing Home
Act.
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2.190 OFFICE means the use of a building or portion thereof, designed, intended or
used for the practice of a profession, the carrying on of a business, the conduct
of public administration, or where not conducted on an industrial site, the
administration of an industry, but shall not include a retail use, any industrial
use, clinic, financial use or place of entertainment.
2.191 ON-FARM DIVERSIFIED USE means uses that are secondary to the principal
agricultural use of the property and are limited in area. On-farm diversified
uses include, but are not limited to, home-based businesses, agri-tourism
uses, and uses that produce value-added agricultural products.
2.192 ONE HUNDRED YEAR FLOOD for river, stream and small inland lake systems,
means that flood, based on an analysis of precipitation, snow melt, or a
combination thereof, having a return period of 100 years on average, or having a
1% chance of occurring or being exceeded in any given year.
2.193 ORNAMENTAL STRUCTURE includes any ornamental fountain or other such
structure, any statue, monument, cenotaph or other memorial but shall not
include a mausoleum or columbarium.
2.194 OUTSIDE STORAGE means the placing or locating in the open air and/or in
partially closed buildings or structures of any goods, materials, parts,
merchandise or equipment of any kind but does not include operative vehicles
licensed or capable of being licensed to be operated on a highway at any time,
or motorized construction vehicles or agricultural or parks vehicles or vehicles
or commercial vehicles, whether or not operative or capable of being licensed.
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2.195 PARK means an open space area, playground or playing field, which may
include recreational facilities, including buildings for such facilities or support
services.
2.196 PARK, PRIVATE means a park other than a public park.
2.197 PARK, PUBLIC means a park owned or controlled by the Corporation or any
Board, Commission or other Authority established under any statute of the
Province of Ontario.
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2.198 PARKING AISLE means an area of land which
abuts and provides direct vehicular access to one
or more parking spaces within a parking area.
2.199 PARKING AREA means an area of land which is provided and maintained for
the parking of vehicles and which area comprises all parking spaces of at least
the minimum number required according to the provisions of this By-law and all
aisles and related ingress and egress lanes and similar areas used for the
purpose of gaining access to or from the said parking spaces and is provided
and maintained in accordance with the provisions of this By-law.
2.200 PARKING GARAGE means a building or structure used for the parking of
vehicles including commercial vehicles of less than 1 tonne maximum capacity
and may include aisles, parking spaces and related ingress and egress lanes,
but shall not include a public street.
2.201 PARKING SPACE means an area of land which:
(a)
Is provided for the temporary parking or storage of one vehicle or bicycle
for other than the purpose of sale or display; and
(b)
Is of a size which is adequate for the temporary parking or storage of one
vehicle or bicycle in accordance with the provisions of this By-law; and
(c)
Has adequate access to permit ingress and egress of a vehicle or bicycle
from a street by means of a driveway, aisles, maneuvering areas or
similar areas, no part of which shall be used for the temporary storage of
one or more vehicles or bicycles; and
(d)
May be located outside or within a private garage, carport, building or
other covered area as identified in the particular zone.
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2.202 PATIO means an uncovered area or structure, no
portion of which is more than 0.6 metres above
grade.
2.203 PERSON means an individual, individuals, association, firm, partnership,
corporation, trust, incorporated company, organization, trustee or agent, and their
heirs, executors or other legal representative of a person to whom the same can
apply according to law.
2.204 PERSONAL SERVICE USE means a building or portion thereof in which
persons are employed in furnishing services and administering to the individual
and personal needs of persons and includes such establishments as barber
shops, tailor shops and dress making shops.
2.205 PIT means a place where unconsolidated gravel, stone, sand, earth, clay, fill,
mineral or other material is being or has been removed by means of an open
excavation to supply material for construction or for industrial or manufacturing
use but does not include a wayside pit.
2.206 PIT OR QUARRY, WAYSIDE means a temporary pit or quarry open and used
by a public authority, or any person under contract with a public authority,
solely for a project of road construction and not located on a road right-of-way.
2.207 PLACE OF ENTERTAINMENT means a motion picture or other theatre, arena,
auditorium, banquet hall, convention centre, bowling alley, billiards parlour,
rink, dance hall or music hall, but does not include any other place of
entertainment defined or classified herein.
2.208 PLACE OF WORSHIP means a building set aside by any religious organization
for public worship.
2.209 PORCH means a roofed structure abutting the exterior wall of a structure,
which is used to define and provide entry to a dwelling. For the purpose of this
definition, a porch may be comprised of a knee-wall or partial wall to support a
roof but shall remain unenclosed.
2.210 PORTABLE ASPHALT PLANT means a facility:
(a)
With equipment designed to heat and dry aggregate and to mix aggregate
with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process; and
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(b)
Which is not of permanent construction, but which is to be dismantled at
the completion of the construction project.
2.211 PORTABLE CONCRETE PLANT means a building or structure:
(a)
With equipment designed to mix cementing materials, aggregate, water
and admixtures to produce concrete, and includes stockpiling and storage
of bulk materials used in the process; and
(b)
Which is not of permanent construction, but which is designed to be
dismantled at the completion of the construction project.
2.212 PORTABLE READY MIX PLANT means a use that includes a structure that is
not affixed to the ground on a permanent basis, but may be allowed to remain
permanently, is dust controlled, and manufactures materials to produce ready
mix concrete as the final product.
2.213 POST OFFICE means a building or portion thereof used by a government
corporation, department or agency or person under contract with the same,
involved in the handling and distribution of mail and includes the sale of related
products such as envelopes and stamps.
2.214 PRE-FABRICATED SHIPPING CONTAINER means a metal container designed
and utilized to ship freight, but does not include a truck body, truck trailer or
transport trailer.
2.215 PRINTING AND/OR PUBLISHING ESTABLISHMENT means a building or part
thereof used primarily for the printing and publishing of newspapers,
periodicals, books, maps or similar publications and may also include the sales
and servicing of printing and duplicating equipment.
2.216 PRIVATE AMENITY AREA means an outdoor area, exclusively used by the
occupants of a dwelling unit.
2.217 PRIVATE HOME DAYCARE means the accessory use of a dwelling unit for
the temporary care and custody of not more than five children who are under ten
years of age who do not live in the dwelling unit and which is operated for
reward or compensation for a continuous period not exceeding twenty-four hours.
2.218 PROCESSING USE means a building or portion thereof where goods or
materials are treated or altered by special process or modified to make finished
or semi-finished products.
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2.219 PROVINCIAL HIGHWAY means a street under the jurisdiction of the Province of
Ontario.
2.220 PUBLIC AUTHORITY means any Federal, Provincial, Regional or Municipal
Corporation and includes any commission, board, authority, agency, ministry or
department established by or for any of them.
2.221 PUBLIC TRANSPORTATION DEPOT means the use of land, buildings and
structures or portion thereof which provides a place for reception, boarding,
loading and unloading of people such as a bus shelter, taxi depot and train
station.
2.222 PUBLIC USE means designed, adapted or used for civic, political, educational,
social or recreational purposes by various levels of government and their
commissions, boards, agencies, ministries or departments.
2.223 PUBLIC UTILITY means any utility which supplies, water, sanitary sewers,
storm sewers, electricity, gas, steam, telecommunications, cable television,
transportation, drainage, refuse collection and disposal services to the general
public.
2.224 PUBLIC UTILITY YARD means the use of land, buildings or structures or
portions thereof used by a Public Utility for the parking and storing of vehicles,
equipment and materials and accessory uses thereto. "Public Works Yard",
shall have the same meaning.
2.225 POLICE STATION means a building or portion thereof used as the
headquarters or a substation of a police force.
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2.226 QUARRY means a place where consolidated rock has been or is being removed
by means of an open excavation to supply material for construction, or industrial
manufacturing purposes, but does not include a wayside quarry or open pit
metal mine.
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2.227 RADIO, TV OR CABLE TV STUDIO means a building or portion thereof used
by a radio station, television station or cable tv company for the transmission and
broadcasting of various programs and which may include accessory uses such
as transmission facilities.
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2.228 RECREATIONAL USE means the use of land, buildings or structures for
parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor
skating rinks, athletic fields, golf course, golf driving ranges and miniature golf,
picnic areas, beaches, swimming pools, day camps, community centres, and
other similar uses, together with accessory buildings and structures, but does
not include a track for the racing of animals, vehicles, motorcycles or motorized
snow vehicles or other vehicles.
2.229 RECREATIONAL VEHICLE means a vehicle used for the temporary and
seasonal accommodation of persons notwithstanding that such vehicle may
be jacked up or have its running gear removed, but shall not include a "Mobile
Home", but may include a trailer, boat, snowmobile or a motorcycle.
2.230 RECREATIONAL VEHICLE PARK means a campground, trailer camp or
trailer park which is under single ownership, which has been planned and
improved for providing for the use of the public, overnight or short term seasonal
accommodation sites for tents, trailers, travel trailers, campers and other
recreational vehicles that provide sleeping accommodation, but shall not
include a "Mobile Home Park". "Trailer Camp", "Trailer Park" and
"Recreational Vehicle Park" shall have the same meaning.
2.231 RECYCLING ESTABLISHMENT means premises in which used materials are
separated and/or processed and then shipped to other users that will then use
those materials to manufacture new or recycled products.
2.232 REGION OR REGIONAL means or refers to the Corporation of the Regional
Municipality of Niagara.
2.233 REGIONAL ROAD means any street or road under the jurisdiction of the
Region.
2.234 REGULATORY FLOODPLAIN means lands which have the potential to be
impacted by a One Hundred Year Flood and are subject to the regulations and
authority of the Niagara Peninsula Conservation Authority.
2.235 REQUIRED means as required by the provisions contained herein.
2.236 RESEARCH CENTRE means a place used for the purpose of conducting pure
and applied research and experimentation in the field of science, medicine and
technology and includes such facilities as lecture rooms, administrative
offices, laboratories, display rooms, pilot units, simulating equipment and
service and machine shops to serve the research centre operation, but does not
include industrial and manufacturing operations other than those required as
part of research.
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2.237 RESERVE means a strip of land abutting a public street and owned by the
authority having jurisdiction over the public street.
2.238 RESIDENTIAL means the use of land, buildings or structures or portion
thereof, for human habitation.
2.239 RETAIL USE means a building or portion thereof in which goods; wares,
merchandise, substances, articles or things are offered and kept for sale to the
general public.
2.240 RETIREMENT HOME means a premises that provides accommodation primarily
to retired persons or couples where each private bedroom or living unit has a
separate bathroom and separate entrance from a common hall and where
common facilities for the preparation and consumption of food are provided and
where common lounges, recreation rooms and medical care facilities may also
be provided, but where full culinary facilities are not provided within a unit. A
Retirement Home shall not include an "Apartment Dwelling."
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2.241 SALVAGE YARD means a place where derelict and/or non-functional vehicles
are wrecked and/or disassembled for resale and where second hand goods or
scrap material are collected, sorted and stored for commercial purposes.
2.242 SAWMILL means the use of land, buildings or structures or portion thereof for
the purposes of cutting logs and timber into smaller components and the selling
thereof.
2.243 SCHOOL means a public, private, religious or philanthropic elementary school,
high school, technical school, vocational school, college or university offering
educational, religious or vocational training, but excludes a "Commercial
School".
2.244 SCHOOL, COMMERCIAL means a school; other than a public, private, religious
or philanthropic school; where academic or technical subjects or trades or
recreation or physical fitness skills are taught and which is operated for gain or
profit.
2.245 SERVICE OR REPAIR USE means a building or portion thereof used for the
servicing, repairing, installing or renting of household articles, appliances,
equipment, goods or materials, but does not include the manufacturing of
articles or the service or repair of vehicles.
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2.246 SETBACK means the shortest distance
between the main wall of a building, structure
or open storage use to the lot line, streetline
or zone boundary whichever is designated or
stated in the phrase in which the term is used.
2.247 SEWER, SANITARY means a system of underground conduits; either publicly or
privately operated which carries sewage to a place for treatment.
2.248 SEWER, STORM means a system of open ditches and/or underground conduits,
either publicly or privately operated which carries storm water and surface
drainage to an outlet.
2.249 SHIPPING OR DISTRIBUTION USE means a building or portion thereof used
for the receiving, storage and transportation of goods and may include a
"Warehouse".
2.250 SHORT-TERM ACCOMODATION means the commercial use of an entire
dwelling unit, of the owner and principal resident, that may be rented for a
period up to 28 consecutive days for use as temporary accommodation and
used as an occasional or seasonal residential dwelling for recreation, rest or
relaxation. Short term rental accommodation shall not include hotel/motel, bed
and breakfast establishment, inn, boarding house dwelling or similar
commercial or institutional use. The principal resident shall not reside in the
dwelling unit, while the short-term accommodation is being rented.
2.251 SIGN means a display board, screen, cloth or structure having characters,
letters or illustrations applied thereto or display thereon in any manner which
directs attention to an object, activity, person, institution, organization or
business and which includes:
(a)
A sign within a building that is visible from a street; and
(b)
The posting or painting of an advertisement or notice on any building or
structure.
2.252 SIGN AND DISPLAY SHOP means a building or portion thereof where signs
are prepared, made or customized for sale or lease to the general public.
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2.253 SOLAR APPARATUS means any device or combination of devices employed in
the collection of direct solar radiation for the purposes of heating or cooling a
building, heating water, generating electricity or other, converting solar rays into
usable forms of energy.
2.254 SPECIAL EVENT means an organized, one-time, annual or infrequently-
occurring gathering or function involving more than 150 people, on (i) private
property, (ii) public property not administered by the Community Services
Department, or (iii) a combination of both, organized by an Event Organizer
which is not the Town, that celebrates a unique aspect of the community.
2.255 SPECIAL TRADE CONTRACTOR means a business involved in a specialized
trade such as an electrician, heating and air conditioning contractor, plumber,
painter, etc. which does not involve the use of construction and industrial
vehicles.
2.256 SPECIALTY FOOD STORE means a commercial use which specializes in
certain types of food products and which include a butcher shop, bakeshop and
delicatessen.
2.257 STACKING LANE means a continuous on-site queuing
lane that includes tandem parking spaces for
motorized vehicles which is separated from other
vehicular traffic and pedestrian circulation, by barriers,
markings or signs.
2.258 STACKING SPACE means a portion of a stacking lane
which provides standing room for vehicles in a queue
and, without limiting the generality of the foregoing,
includes a queue for a drive-through facility restaurant,
an automobile washing establishment, a drive-through
financial institution or a drive-through pharmacy where
permitted by this by-law.
2.259 STOREY means that portion of a building, other than an
attic, one-half storey, basement or cellar, included
between the surface of any floor and the surface of the floor,
roof deck or deck ridge next above it.
2.260 STOREY, ONE-HALF means that portion of a building situated wholly or in part
within the roof, and in which there is sufficient space to provide a height between
finished floor and finished ceiling of between 1.5 metres and 2.5 metres over a
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floor area which is not less than one-third nor more than two-thirds of the floor
area of the storey next below.
2.261 STREET means a public highway or public road or an open road allowance
owned and maintained by the Province of Ontario, the Region or the Town. The
words "road allowance" or "street allowance" has the same meaning. This
definition does not include unopened or closed road allowances, a lane, an alley
or a right-of-way.
2.262 STREET, PRIVATE means a private road or right-of-way that accesses multiple
properties that is not owned or maintained by the Town or any other Public
Authority.
2.263 STREETLINE means the limit of a street or road allowance and is the dividing
line between a lot and a street or road.
2.264 STRUCTURE means anything including a building constructed or erected, and
the use of which requires location on the ground, or attached to something
having location on the ground, but shall not include pavement, curbs, walks,
open air surface areas or moving vehicles.
2.265 SWIMMING POOL means a privately owned body of water located at, below or
above ground level in which the depth of the water at any point can exceed 0.6
metres and is used or capable of being used for swimming, diving or bathing,
but shall not include a pond or other such body of water, created and used or
intended to be used, for agricultural or industrial purposes.
2.266 SWIMMING POOL SALES AND SERVICE OUTLET means a commercial
establishment involved in the sale of swimming pools, pool chemicals and
related pool products.
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2.267 TANDEM PARKING means two parking spaces,
located one behind the other.
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2.268 TOP OF BANK means the upper edge of the slope of a stream valley or
shoreline where the slope intersects the horizontal plain or the flood plain
identified and regulated by a Conservation Authority pursuant to the
Conservation Authorities Act.
2.269 TOURIST HOME - see definition of "Bed and Breakfast Establishment",
contained herein.
2.270 TOWN means the Corporation of the Town of Lincoln.
2.271 TRAILER CAMP, TRAILER PARK - see definition of "Recreational Vehicle
Park", contained herein.
2.272 TRAILER, TRANSPORT means a vehicle constructed to be attached to a truck
and used or capable of being used for transporting goods, materials, equipment
or livestock notwithstanding that such vehicle is jacked up or that its running
gear is removed.
2.273 TRAILER, TRAVEL means a recreational vehicle so constructed that it is
suitable for being attached to a vehicle for the purpose of being drawn or
propelled by a vehicle, notwithstanding that such vehicle is jacked-up or that
its running gear is removed, which is used or intended to be used for temporary
or seasonal sleeping accommodation and includes a tent trailer, but shall not
include a "Mobile Home".
2.274 TRUCK, CAMPER means a unit that is constructed in a manner such that it may
be attached to a vehicle, as a separate unit, and is capable of being temporarily
utilized for living, sleeping or eating.
2.275 TRUCK STOP means an eating establishment where the primary clientele are
transport truck drivers and includes professional drivers and the travelling public,
including automobile and vehicle fuel and repair services and restaurants, and
may include related and ancillary services such as communication and delivery
services, financial services, personal services, lodging for professional drivers,
convenience and retail stores and amusement games establishments, but does
not include hotels and motels.
2.276 TRUCK TRANSPORT TERMINAL means the use of land, buildings or
structures or portion thereof where commercial vehicles, primarily transport
trucks, are kept for hire, rental or lease, or stored or parked for remuneration, or
from which commercial vehicles or transport trucks are dispatched for hire as
common carriers.
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2.277 USE means the purpose for which any portion of a lot, building or structure is
designed, arranged, intended, used, occupied or maintained.
2.278 UNITARY EQUIPMENT means any apparatus used for the purpose of heating,
cooling, changing of air, refrigeration, pumping or filtering of water or any similar
type of equipment used for these purposes, except for an air conditioning unit
located in a window opening.
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2.279 VEHICLE means an automobile or vehicle used for carrying passengers or for
transporting goods and may include a farm implement, mobile home, motor
home, travel trailer, snowmobile or marine craft.
2.280 VEHICLE, COMMERCIAL means a vehicle which is designed for the transport
of goods and which is used for business, employment or commercial purposes.
2.281 VEHICLE BODY SHOP means a building or portion thereof where the repairing,
straightening, filling, grinding, painting or replacing of body, interior and frame
components of vehicles takes place.
2.282 VEHICLE FUELING STATION means the use of land, buildings or structures
where automotive fuels and accessories are sold at retail any may include a
convenience store as an accessory use, but shall not include a "Truck Stop".
2.283 VEHICLE SALES AND RENTAL ESTABLISHMENT means the use of land,
buildings and structures, or portion thereof, where vehicles are displayed,
sold, leased or rented. Repair or maintenance of such vehicles, including a
vehicle body shop, may be included as an accessory use.
2.284 VEHICLE SERVICE AND REPAIR ESTABLISHMENT means a building, or
portion thereof, where mechanical repairs and servicing of vehicles occurs, and
may include the incidental retail sale to the general public of automotive parts
and accessories and cars not exceeding six at any one time, but shall not include
an "Industrial Repair Garage", a "Truck Stop" or a "Vehicle Body Shop".
2.285 VEHICLE WASH ESTABLISHMENT means a building or structure or portion
thereof where vehicles are washed or cleaned.
2.286 VENDING MACHINE means any mechanical or electronic machine or device
intended for the dispensing of food, beverages and merchandise.
SECTION 2
INTERPRETATION AND ADMINISTRATION
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 59
2.287 VETERINARY CLINIC, LARGE ANIMAL means premises where a veterinary
surgeon treats large domestic livestock such as bovine, equine and livestock,
and in which such animals may be boarded. For the purpose of this definition, a
Small Animal Veterinary Clinic shall be permitted as an accessory use to a
Large Animal Veterinary Clinic.
2.288 VETERINARY CLINIC, SMALL ANIMAL means premises where a veterinary
surgeon treats small domestic animals, such as dogs and cats and in which up to
10 such animals may be boarded.
2.289 VISIBILITY TRIANGLE means an unobstructed triangular space formed by the
streetlines of a corner lot and a line drawn from a point in one streetline to a
point in the other streetline, each such point requiring the following distance
from the point of intersection of the streetlines (measured along the
streetlines):
(a)
4.5 metres for local roads;
(b)
7 metres for collector roads; and
(c)
Arterial Roads to be in accordance with the latest edition of the Geometric
Design Guidelines published by TAC.
(d)
(e)
Regional roads to be in accordance with Regional Official Plan
requirements.
Where the two streetlines do not intersect at a point, the point of intersection of
the streetlines shall be deemed to be the intersection of the projection of the
streetlines or the intersection of the tangents to the streetlines.
W
2.290 WAREHOUSE OR STORAGE USE means a building or portion thereof used
for the storage of goods, but shall not include a "Retail Use", a "Fuel Storage
Depot" and "Supply Yard" or a "Truck Transport Terminal".
2.291 WASTE DISPOSAL SITE means a Provincially licensed facility where garbage,
refuse or domestic, institutional, commercial or industrial waste is dumped,
destroyed or stored in suitable containers.
2.292 WASTE TRANSFER STATION means the use of land for the collection of waste
into bulk containers for the further transport to a land fill site, recycling facility or
other waste disposal facility.
SECTION 2
INTERPRETATION AND ADMINISTRATION
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 60
2.293 WATERCOURSE means an identifiable depression in the ground in which a flow
of water regularly or continuously occurs.
2.294 WATER SUPPLY, PUBLIC means a distribution system of underground piping
and related storage, including pumping and purification appurtenances owned
and operated by the Town, the Region and/or the Ministry of the Environment
and/or any public utilities commission, for public use.
2.295 WEIGH STATION means a facility designed to accommodate trucks and trailers
for the purpose of determining the weight of truck and trailer loads.
2.296 WAYSIDE PIT means a temporary pit or quarry opened and used by a Public
Authority for road construction purposes and which is not located within the
right-of-way of a public street.
2.297 WHOLESALE USE means a building or portion thereof in which goods, wares,
merchandise or articles are stored or kept for distribution purposes to retail
merchants, but shall not include a "Retail Use".
2.298 WIND MACHINE means a device designed to circulate air to prevent crop
damage on an agricultural parcel of land.
2.299 WIND MILL means a device used for pumping water for irrigation purposes on
an agricultural parcel of land.
2.300 WIND TURBINE means a device designed to extract kinetic energy from the
wind and supply it in the form of electrical energy that is suitable for use.
2.301 WINERY means the use of agricultural lands, buildings or structures for the
growing, processing of fruit, fermentation, production, bottling, aging and storage
of wine and wine related products. A winery may also include an accessory
retail outlet, a warehouse, hospitality room, eating establishment, office and
a laboratory.
Y
2.302 YARD means an open, uncovered space on a lot appurtenant to a main
building or structure and unoccupied by any building or structure, except as
specifically permitted in this By-law. In determining yard measurements, the
minimum horizontal distance from the respective lot lines shall be used. (See
illustration located after the Schedules).
SECTION 2
INTERPRETATION AND ADMINISTRATION
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 61
2.303 YARD, EXTERIOR SIDE means a side yard
immediately adjoining a public street.
2.304 YARD, FRONT means a yard extending across the
full width of a lot between the front lot line and the
nearest wall of any building or structure on the
lot.
2.305 YARD, INTERIOR SIDE means a side yard, other
than an exterior side yard.
2.306 YARD, REAR means the yard extending across the
full width of the lot between the rear lot line of the
lot and the nearest wall of any principal building
or structure on the lot.
2.307 YARD, REQUIRED means the minimum yard required by the provisions of this
By-law.
Z
2.308 ZONE means an area designated on a Zoning Map Schedule and established by
this By-law for a specific use.
SECTION 2
INTERPRETATION AND ADMINISTRATION
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 62
2.309 ZONING ADMINISTRATOR means the Director of Planning and Development or
designate, or other persons, appointed by Council, charged with the duty of
administering this By-law.
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 63
SECTION 3 - GENERAL PROVISIONS
3.1
CONTENTS
The contents of this Section are:
1.1
TITLE AND SCOPE .................................................................................................... 13
1.2
APPLICATION ............................................................................................................ 13
1.3
ZONES AND SYMBOLS ............................................................................................. 13
1.4
ZONE BOUNDARIES ................................................................................................. 14
1.5
MANDATORY WORDING .......................................................................................... 15
1.6
DISCRETIONARY WORDING .................................................................................... 15
1.7
DEFINITIONS ............................................................................................................. 15
1.8
EXAMPLES AND ILLUSTRATIONS ........................................................................... 15
1.9
SEVERABILITY .......................................................................................................... 15
1.10
LITIGATION ................................................................................................................ 15
1.11
CERTIFICATE OF OCCUPANCY ............................................................................... 15
1.12
NEED FOR COMPLIANCE WITH OTHER LAWS....................................................... 16
1.13
VIOLATIONS AND PENALTIES ................................................................................. 16
1.14
REPEALS OF PREVIOUS BY-LAWS ......................................................................... 16
1.15
TECHNICAL REVISIONS TO THE ZONING BY-LAW ................................................ 17
1.16
TRANSITION PROVISIONS ....................................................................................... 17
1.17
EFFECTIVE DATE ...................................................................................................... 19
3.1
CONTENTS ................................................................................................................ 63
3.2
APPLICATION ............................................................................................................ 64
3.3
AGRICULTURAL USES.............................................................................................. 65
3.4
ACCESS TO COMMERCIAL AND INDUSTRIAL ZONES FROM RESIDENTIAL
ZONES ....................................................................................................................... 68
3.5
ACCESSORY USES, BUILDINGS AND STRUCTURES ............................................ 68
3.6
AMENITY AREA REQUIRED ..................................................................................... 69
3.7
BED AND BREAKFAST ESTABLISHMENTS ............................................................. 69
3.8
BUILDING RESTORATION ........................................................................................ 70
3.9
DRIVE-THRU FACILITIES .......................................................................................... 70
3.10
ENCROACHMENTS ................................................................................................... 71
3.11
ESTABLISHED BUILDING LINE ................................................................................. 73
3.12
FENCING ................................................................................................................... 73
3.13
FOOD VEHICLES ....................................................................................................... 74
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 64
3.14
FUEL .......................................................................................................................... 74
3.15
GARAGE OR YARD SALES OR AUCTIONS ............................................................. 74
3.16
HOMES FOR SPECIAL CARE ................................................................................... 75
3.17
HEIGHT EXCEPTIONS .............................................................................................. 75
3.18
HOME-BASED BUSINESS ......................................................................................... 76
3.19
HOLDING ZONES (H SYMBOL) ................................................................................. 77
3.20
INNS ........................................................................................................................... 85
3.21
LANDSCAPED STRIPS .............................................................................................. 85
3.22
LOTS ABUTTING A 0.3 (ONE FOOT) RESERVE ....................................................... 85
3.23
LOT AND YARD REQUIREMENTS ............................................................................ 85
3.24
MINIMUM DISTANCE SEPARATION REQUIREMENTS ............................................ 87
3.25
MINOR VARIANCES TO BY-LAW NUMBER 93-14-Z1, AS AMENDED ..................... 88
3.26
MULTIPLE ZONES ..................................................................................................... 88
3.27
NATURAL ENVIRONMENTAL AREA AND NIAGARA ESCARPMENT PLAN AREA
OVERLAYS ................................................................................................................ 88
3.28 NON-CONFORMING USES............................................................................................. 89
3.29 NON-COMPLYING BUILDINGS AND STRUCTURES ..................................................... 90
3.30 PRIVATE HOME DAYCARE ............................................................................................ 90
3.31 PUBLIC USES ................................................................................................................. 90
3.32 RAILWAY AND PIPELINE RIGHT-OF-WAY SETBACKS ................................................ 91
3.33 REQUIREMENT FOR MUNICIPAL SERVICES ............................................................... 91
3.34 SECONDARY RESIDENTIAL UNITS ............................................................................... 91
3.35 SHORT-TERM ACCOMODATIONS ................................................................................. 92
3.36 SIGNS .............................................................................................................................. 93
3.37 SWIMMING POOLS ......................................................................................................... 93
3.38 TEMPORARY GARDEN SUITES..................................................................................... 94
3.39 TEMPORARY RESIDENTIAL USES ................................................................................ 94
3.40 TEMPORARY USES ........................................................................................................ 95
3.41 THROUGH LOTS ............................................................................................................. 96
3.42 USES PERMITTED IN ALL ZONES ................................................................................. 96
3.43 USES PROHIBITED IN ALL ZONES ................................................................................ 97
3.44 VISIBILITY TRIANGLES .................................................................................................. 99
3.45 WASTE DISPOSAL ASSESSMENT AREA OVERLAY .................................................... 99
3.2
APPLICATION
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 65
The provisions of Section 3 shall apply to all zones, unless otherwise specified in these
provisions.
3.3
AGRICULTURAL USES
3.3.1 Agriculture-Related Uses
(a)
Agriculture-related uses may only be permitted in accordance with the
following:
(i)
all buildings related to the use shall be located within a cluster of
existing buildings;
(ii)
the aggregate activity area occupied by an agriculture-related use
including all associated uses such as but not limited to parking,
loading areas, and recreational amenities shall not exceed 5% of
total lot area to a maximum of 1,000 square metres;
(iii) Production lands which are used for the growing of crops and
simultaneously used as part of the activity area shall not be included
in the calculation of the 5%; and
(iv) site plan control shall apply to any development.
3.3.2 On-farm Diversified Uses
(a)
On-farm diversified uses may only be permitted in accordance with the
provisions of Section 5, the Agricultural (A) Zone, and in accordance with
the following:
(i)
the use shall be secondary to the main farm use on the subject
lands;
(ii)
all buildings related to the use shall be located within a cluster of
existing buildings;
(iii) the aggregate activity area occupied by an on-farm diversified use,
including all associated uses such as but not limited to parking,
loading areas, and recreational amenities shall not exceed 2% of
total lot area to a maximum of 4,000 square metres. Aggregate
activity area for on-farm diversified uses shall be calculated in
accordance with the following:
(1)
production lands which are used for the growing of crops and
simultaneously used as part of the activity area shall not be
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 66
included in the calculation of the 2%;
(2)
the area of existing lanes shall be not be included in the area
calculations;
(3)
the area of existing buildings or structures, built prior to April
30, 2014, occupied by on-farm diversified agriculture uses shall
be discounted by 50% in the area calculations; and
(4)
the area of new structures, setbacks, outdoor storage,
landscaped areas, berms, lanes, and parking, are counted at
100% in the area calculations;
(iv) Agricultural Produce Stands may only be permitted in accordance
with the provisions of Section 5, the Agricultural (A) Zone, and in
accordance with the following:
(1)
Is accessory to the principal farm operation; and
(2)
Is of a seasonal nature; and
(3)
The floor area is not greater than 30 square metres;
(v)
A Winery as an on-farm diversified use may only be permitted in
accordance with the provisions of this Section and Section 5, the
Agricultural (A) Zone;
(vi) A Brewery or Distillery as an on-farm diversified use may only be
permitted in accordance with the provisions of this Section and
Section 5, the Agricultural (A) Zone.
3.3.3 Farm Labour Housing
(a) Additional permanent or portable farm labour housing may be permitted
for full-time farm help where the size and/or nature of the farm operation
makes the employment of such help necessary, subject to the following
criteria:
(i)
Both the farmer and the employee shall be employed full-time on the
farm;
(ii) Farm labour housing will be located within the existing farm-
building cluster; and
(iii) Sewage and water services shall be as required by the Region's
Planning and Development Services Department.
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 67
3.3.4 Cannabis Production Facilities
A cannabis production facility may be permitted in an Agriculture Zone (A), only on a
site-specific basis, through an amendment to this Zoning By-law, and in accordance
with the following provisions:
(a)
A cannabis production facility shall not be permitted on any lot
containing a dwelling unit;
(b)
All buildings or structures or portions of land thereof used for a
cannabis production facility shall be located a minimum of 300 metres
from any Residential, Institutional and Open Space Zone;
(c)
All buildings or structures or portions of land thereof used for a
cannabis production facility shall be located a minimum of 300 metres
from any residential use, day nursery and institutional use;
(d)
All accessory structures shall be setback a minimum of 30 metres from
all property lines;
(e)
A building or structure used for security purposes may be located within
the required front yard;
(f)
Where a building or structure, or land is used for a cannabis
production facility and is adjacent to any Zone or use outlined in
sections 3.3.4 (b) or (c), a 3 metre wide landscaped strip shall be
provided along the side and rear yards;
(g)
All uses associated with the cannabis production facility shall take
place entirely within a wholly enclosed building. No outdoor growing of
cannabis is permitted;
(h)
Outdoor storage is prohibited;
(i)
All loading and loading spaces must be located in a wholly enclosed
building;
(j)
A minimum separation distance of 1,000 metres shall be provided between
cannabis production facilities; and
(k)
Existing structures may not be converted or retrofitted for a cannabis
production facility. An addition to an existing cannabis production
facility must comply with the requirements of this Section"
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 68
3.4
ACCESS TO COMMERCIAL AND INDUSTRIAL ZONES FROM RESIDENTIAL
ZONES
No person shall use any land in a Residential Zone for vehicular access to or from
any land in a Commercial or Industrial Zone.
3.5
ACCESSORY USES, BUILDINGS AND STRUCTURES
Except as provided otherwise within a specific zone, accessory buildings and
structures not attached to the main building shall:
(a)
Not be established until or unless the main building or use to which it is
accessory is established;
(b)
Not be used for human habitation;
(c)
Not be used for gain or profit;
(d)
Not be located in the required front yard or the required exterior side
yard;
(e)
Not be located within, or partially within, any utility easement, corridor or
storm drainage swale;
(f)
Have a total lot coverage for all accessory buildings of not more than
10 percent in any Residential Zone and not more than 5 percent in any
other Zone and have a lot coverage which together with the coverage of
the main building on the site, does not exceed the maximum lot
coverage of the zoning category in which it is located; and
(g)
Comply with the provisions of the respective zone categories as follows:
Zone Categories
Interior Side
Yard Setback
Rear Yard
Setback
Maximum
Height
(i) Agricultural Zones
Up to and including 60
square metres
1 m
1 m
6m
Over 60 square metres and
up to and including 130
square metres
6 m
6 m
6 m
Over 130 square metres
6 m (1)
15 m
12.5 m
(ii)
Residential Zones (2)
1 m
1 m
6 m
(iii) Commercial Zones
Abutting a Residential
Zone
3 m
3 m
6 m
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 69
Zone Categories
Interior Side
Yard Setback
Rear Yard
Setback
Maximum
Height
Abutting any other Zone
1.2 m
1.2 m
6 m
(iv) Industrial Zones
Abutting a Residential
Zone
3 m
3 m
6 m
Abutting any other Zone
1.2 m
1.2 m
6 m
(v)
All other Zone Categories
3 m
3 m
6 m
Notes:
1. Except that where an interior side yard abuts a residential zone, an interior
side yard of 15 metres is required.
2. Except that:
a) Where a common accessory building or structure is being erected
simultaneously on both sides of a semi-detached or street townhouse lot
line as one building, no interior side yard is required;
b) Where an accessory building or structure is being erected on a semi-
detached or street townhouse lot, an interior side yard of 0.3 metres is
required.
3.6
AMENITY AREA REQUIRED
Where permitted by this By-law, on a lot containing an apartment dwelling and where
any institutional residence or retirement home contains independent suites with
individual cooking and washroom facilities, amenity areas shall be provided
accordance with the following provisions:
(a) Each dwelling unit or suite shall be provided with a minimum amenity
area of 10 square metres for each dwelling unit or suite.
(b) Notwithstanding clause a) of this section, the required amount of
amenity area shall not be required to exceed fifteen percent (15%) of the
lot area.
(c)
Where the number of dwelling units or suites on the lot exceeds 4, a
minimum of 50.0 square metres of the amenity area shall be required in a
contiguous area.
3.7
BED AND BREAKFAST ESTABLISHMENTS
Where permitted, a bed and breakfast establishment shall be subject to the
requirements of the Zone in which it is located, and it shall:
SECTION 3
GENERAL PROVISIONS
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FINAL - July 2022
Page 70
(a)
Be permitted only within a single detached dwelling, semi-detached
dwelling and townhouse dwelling;
(b)
Be clearly secondary to the main residential use, which is owner-
occupied;
(c)
Not contain more than 6 guest rooms;
(d)
Where required by the Town, be licensed pursuant to the Municipal Act,
2001;
(e)
Not provide outside display, other than a legal sign which shall not exceed
0.3 square metres in area in the HR, R and RM1 Zones, and which shall
not exceed 0.6 square metres in area in all other Zones, indicating the
name of the bed and breakfast establishment;
(f)
That approval be obtained from the Regional Public Works Department
and the Town's Building and Fire Departments; and
(g)
Comply with the parking provisions of Section 4.
3.8
BUILDING RESTORATION
(a)
Nothing in this By-law shall prevent the strengthening or restoration to a
safe condition of any existing building or structure, provided that such
strengthening or restoration does not increase the height, area, or volume
or result in the change of the use of such building or structure so as to
contravene any of the provisions of this By-law.
(b)
Nothing in this By-law shall prevent the replacement of a building or
structure which has been partially or completely destroyed by fire, an act
of God or any other means, except within a floodplain, beyond the control
of the owner, on all or part of the existing foundation, provided the said
building or structure is replaced within five years of it being partially or
completely destroyed.
3.9
DRIVE-THRU FACILITIES
(a)
Notwithstanding any other provisions of this By-law, where a building or
structure incorporates a drive-thru facility, an area for vehicles waiting
to use the drive-thru facility shall be provided, in addition to any other
parking areas. The waiting area shall be located a minimum of 4.5
metres from any Residential or Institutional Zone and vehicles may be
parked in tandem within this area.
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 71
(b)
All drive-thru windows on buildings facades shall not face any
streetline.
(c)
Drive-thrus lanes are prohibited between the streetline and the building.
(d)
Drive-thrus are prohibited within the Central Business District Zone.
3.10 ENCROACHMENTS
Every part of any yard required to be provided in any zone shall be open and
unobstructed by any structure from the ground to the sky, in accordance with the
following:
Structure
Yard
No part of any building or
structure shall project into the
specified yard more than:
Eaves or gutters, sills, belt
courses, cornices, chimneys,
firewalls, bay windows, pilasters
or other ornamental structure
Any yard
0.5m (2)
Fences, freestanding walls, flag
poles, garden trellises, retaining
walls, light standards and similar
accessory structures and
appurtenances and hedges,
trees and shrubs
Any yard
Unrestricted (3)
A loading dock with or without a
roof or canopy
Any yard
Unrestricted, however a minimum
setback of 7.5 m is required
adjacent to a Residential Zone.
Underground cellar for a winery Any yard
7.5 m
Exterior stairs in a Residential
Zone
Any yard
No restriction, provided the stairs
are:
(i) No longer than 1.5 metres;
(ii) No wider than 1.5 metres; and
(iii) No closer to a lot line than 0.6
metres.
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 72
Structure
Yard
No part of any building or
structure shall project into the
specified yard more than:
Balconies, canopies, drop
awnings, unenclosed porches
Front
yard,
exterior
side yard
or rear
yard
2 m (1)
Canopy attached to an
apartment dwelling
Front yard
or exterior
side yard
3 m
Central air conditioning unit or
heat pump
Any yard
No restriction, provided it is located:
(i)
Within 3 metres of the main
building;
(ii) A minimum setback of 1.2
metres from any lot line is
required.
Clothes poles and antennae
Any yard except a front yard
Decks (uncovered)
exterior
side yard
or rear
yard
4 m
Fire escapes
Exterior
side or rear
yard
1.5 m, however, a minimum interior
side yard setback of 1.2 m is
required.
Gate house in an industrial zone
Front yard
or exterior
side yard
Unrestricted
Solar panel
Any yard
except a
front yard
or exterior
side yard,
Minimum setback of 1.2 m from any
lot line is required.
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 73
Structure
Yard
No part of any building or
structure shall project into the
specified yard more than:
Signs
in
accordance
with the
Town's
Sign By-
law
in accordance with the Town's Sign
By-law
Swimming pools
In
accordance
with
Section
3.35
In accordance with Section 3.35
Notes:
1. Within the RM2 and RM3 Zones, balconies of an apartment dwelling not
exceeding 3 storeys, may project into any required yard a distance of not more
than 2 metres.
2. Eaves or gutters for accessory buildings may project into any required yard a
distance of 0.25 metres
3. Except that in the case of a lot in a Residential Zone, no structure, hedge or other
obstruction of visibility that is more than 1 metre in height is permitted within 3
metres of the front lot line.
3.11 ESTABLISHED BUILDING LINE
Within any zone where a permitted building or structure is to be erected on a lot
located between two adjacent lots on which are located existing buildings not more
than 30 metres apart, such permitted building or structure may be erected closer to
the streetline, than required by this By-law, provided that the front yard setback of
the proposed building or structure has a depth at least as great as the average depth
of the front yards of said adjacent buildings and structures.
3.12 FENCING
Fences, freestanding walls and decorative walls not including swimming pool fences
are permitted subject to the locational requirements outlined in subsection 3.10 and
subject to the following height restrictions:
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 74
(a)
In any Industrial or
Commercial Zone
(b)
In any other Zone
-
-
maximum height of 3 metres
maximum height of 2 metres
3.13 FOOD VEHICLES
The following provisions shall apply to food vehicles:
(a)
Every food vehicle shall operate in accordance with the regulations for the
zone in which the food vehicle is located.
(b)
No food vehicle shall occupy a designated accessible parking space.
(c)
No portion of a food vehicle shall be located within a Fire Route designated
in accordance with the Fire Code or a Town By-law.
(d)
No portion of a food vehicle shall be located within any visibility triangle.
(e)
Where required by the laws and regulations of the Province and Town By-
laws, approval shall be obtained from the Regional Public Works
Department, the Technical Standards and Safety Authority, and the Town,
as applicable, to operate a food vehicle in any zone.
3.14 FUEL
Where vehicle fueling stations are permitted by this By-law, the following provisions
shall apply:
(a)
Fuel pumps and fuel pump islands may be located in any required yard,
however a minimum setback of 4.5 metres is required from any visibility
triangle and 3 metres from any lot line.
(b)
A canopy or a roof may be erected over fuel pumps and fuel pump islands
or may be extended from the main building to the pump island, however a
minimum setback of 3 metres is required between the extent of the canopy
or the roof and any lot line.
(c)
Where the lot is a corner lot, no portion of any canopy or roof shall be
located within any visibility triangle.
3.15 GARAGE OR YARD SALES OR AUCTIONS
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 75
Notwithstanding any other provision of this By-law, a garage or yard sale or auction is
a permitted use in any agricultural, residential, commercial or industrial zone provided
that such sales are restricted to no more than three occasions per year and no more than
three consecutive days at a time on any one lot.
3.16 HOMES FOR SPECIAL CARE
Where a home for special care is permitted, it shall be subject to the requirements of
the zone in which it is located, and the following:
(a)
Parking shall be provided in accordance with Section 4.1.
(b)
The home for special care shall comprise the sole use of the dwelling.
(c)
The home for special care shall be subject to Provincial approval or
licensing as may be required.
(d)
The maximum number of residents permitted in a home for special care
shall be 10 residents, excluding the staff or the receiving family; and
3.17 HEIGHT EXCEPTIONS
The height provisions of this By-law shall not apply to the following uses, nor shall such
uses be used in calculation of height:
(a)
Silo;
(b)
Chimney;
(c)
Pergola
(d)
Cabana
(e)
Towers occupiable for access only, such as a spire, clock tower or minaret,
in all zones except for a religious institution where permitted in a
Residential Zone;
(f)
Cupola;
(g)
Elevator enclosure or mechanical or service penthouse occupying not more
than 10% of the area of the roof of the building on which it is located;
(h)
Fire training tower;
(i)
Flag pole;
(j)
Grain elevator;
(k)
Lightning rod;
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(l)
Navigational aids;
(m) Ornamental dome;
(n)
Power transmission tower;
(o)
Radio, television or telecommunications tower or antennae accessory to a
permitted use;
(p)
Roof stairway;
(q)
Skylight;
(r)
Solar apparatus;
(s)
Unitary equipment;
(t)
Water storage tank;
(u)
Weather monitor
(v)
Wind machine; and
(w) Windmill.
3.18 HOME-BASED BUSINESS
Where a home-based business is permitted, it shall be subject to the requirements of
the zone in which it is located, and the following:
(a)
The home-based business shall only be carried out by an occupant of the
dwelling in which the home-based business is located;
(b)
The home-based business shall be clearly secondary to the main
residential use and shall not change the residential character of the
dwelling;
(c)
Not more than 25% of the floor area of the dwelling or 50 square metres
of the accessory building shall be used for the purpose of a home-based
business;
(d)
There is no outside display, other than a legal sign which shall not exceed
0.3 square metres in area, indicating to persons outside that part of the
dwelling is being used for a home-based business;
(e)
No outside storage of goods or materials associated with the home-based
business use is permitted;
(f)
The home-based business shall not generate regular or frequent delivery
or pick-up of materials, or commodities by commercial vehicles; and
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(g)
The home-based business shall comply with the parking provisions of
Section 4 and the following:
(i)
In any Residential Zone only one commercial vehicle up to a
maximum gross vehicle weight of 3,600 kilograms and a maximum
length of 6.5 metres may be parked or stored in a parking space, a
garage or a carport;
(ii)
In any Agricultural Zone a maximum of two commercial vehicles may
be parked or stored in a parking area, garage or carport providing
one of the two commercial vehicles does not exceed a maximum
gross vehicle weight of 3,600 kilograms and a maximum length of 6.5
metres.
(iii) The home-based business shall not occupy any parking space
required by the principal use.
3.19 HOLDING ZONES (H SYMBOL)
Holding (H) Zones are established and identified on Schedule "A" to this By-law in
parenthesis with a corresponding number, such as (H), following the zone symbol.
3.19.1
Prior to the removal of the Holding (H) symbol, the only permitted uses on the lands
subject to the Holding (H) symbol shall be those uses legally existing at the date the
Holding (H) symbol is applied.
3.19.2
Where a Holding (H) symbol is imposed on any land, the By-law which places the
Holding (H) symbol on said lands shall set out the conditions to be satisfied to effect its
removal.
3.19.3
The following table establishes the holding provisions, including the extent of permitted
uses while the holding symbol (H) is in place, and the conditions that must be satisfied
for the removal of the holding symbol (H). Additional holding symbol criteria may be
established through site specific zone exceptions as outlined in the applicable zone
exceptions to this By-law:
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Holding
Symbol
Permitted Used
Until the Holding
Symbol is
Removed
Conditions for Removal of the
Holding Symbol
i)
H
Existing, legally
established uses in
existence on the
date of passing of
this By-law.
(a) The owner has entered into
a site plan/subdivision
agreement, including the
agreement being registered
on title;
(b) Sufficient securities relating
to the site plan agreement
have been submitted; and
(c) Services have been
confirmed by the Town and
are in place.
3.19.4
Notwithstanding the provisions of the applicable zones, the lands indicated as R2-34
(H), R2-35 (H), RM1-33 (H), RM1-34 (H), RM2-15 (H), RM2-16 (H), RM2-17 (H), GC-18
(H), GC-22 (H), GC-29 (H), OC-1 (H), OC-2 (H), OS (H), and OS-4 (H) on Schedule A4
shall have the "H" symbol removed by Town Council passing a By-law under Section 36
of the Planning Act. The following conditions shall first be completed to the satisfaction
of the Director of Planning of the Town of Lincoln:
That to address the servicing solution for the Prudhommes Landing Subdivision, the
Developer / Owner agrees to complete an Overall Servicing Phasing Strategy which:
(a)
includes details on the timing and securities for the design and construction
of a new sanitary force main and sewage pumping station, as well as
monitoring. The design of the sanitary force main and sewage pumping
station shall be subject to the review and approval by the Niagara Region;
and
(b)
includes details on the timing for the design and construction of an upgraded
watermain on Victoria Avenue, subject to the review and approval by the
Town of Lincoln.
3.19.5
The lands identified on Schedule 'A4' as a Deferral Area shall be permitted to redevelop
in accordance with the uses and provisions of the applicable zone once the Town has
amended the Prudhommes Secondary Plan accordingly as part of a conformity exercise
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to implement the new Niagara Official Plan.
3.19.6 Additional Zone Provisions for Schedule A4 - Figure 1 Lands
Notwithstanding the provisions of the RM1-33, RM2-15, and RM2-16 Zones, the
following additional regulations shall apply to all lands identified by Area on Schedule
A4 - Figure 1:
3.19.6.1 Only Permitted Uses Prior to Removal of the "H"
For such time as the "H" symbol is in place, the lands shall only be used in accordance
with the provisions of the applicable R2, RM1-33, RM2-15, RM2-16, and RM2-17
Zones.
3.19.6.2 Conditions for Removal of the "H"
The "H" symbol shall, upon application by the landowner, be removed by Town Council
passing a By-law under Section 36 of the Planning Act. The following conditions shall
first be completed to the satisfaction of the Director of Planning of Town of Lincoln:
(a)
That sufficient water and wastewater services are available to the
satisfaction of the Niagara Region and the Town of Lincoln;
(b)
That the Owner submits an Engineering Report that demonstrates to the
satisfaction of the Town of Lincoln and Niagara Region that required
capacities for water, fire flow and sanitary sewer to service the subject
lands are addressed, including identification of any required servicing
extensions/alterations/upgrades to support the proposed development and
address any capacity constraints identified.
(c)
The subject development application cannot proceed until the appropriate
sanitary capacity solution(s) to service the development have been
constructed and are functioning to the satisfaction of the Niagara Region
and the Town of Lincoln; upgrades referred to in this clause would be
above and beyond those contemplated in 2021.
(d)
That the Owner demonstrates that wastewater sewer services from the
upgraded Regional Pumping Station "Victoria Shores" or appropriate
sanitary capacity solution(s) have been extended to the subject lands if
required, and that where appropriate, easements have been secured for
any wastewater servicing extension(s) to the satisfaction of Niagara
Region and the Town of Lincoln; upgrades referred to in this clause would
be above and beyond those contemplated and underway in 2021.
(e)
That the Owner demonstrates there are no water supply (including fire
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flow) constraints and water services have been extended to the subject
lands, and that where appropriate, easements have been secured for any
water servicing extension(s) to the satisfaction of Niagara Region and the
Town of Lincoln
(f)
That the Owner has submitted an approved/upgraded Transportation
Impact Study (TIS) to the satisfaction of the Town of Lincoln, Regional
Municipality of Niagara, and the Ministry of Transportation, identifying and
designing future required upgrades, and validating that sufficient road
capacity is currently available to accommodate the proposed development
(g)
That suitable financial arrangements have been prepared to the
satisfaction of the Town of Lincoln, and if required the Regional
Municipality of Niagara, and/or the Ministry of Transportation with respect
to any cost sharing arrangements, if applicable, pertaining to any servicing
infrastructure matters;
(h)
That the Owner has submitted an approved Shadow Study by a qualified
professional, to the satisfaction of the Town of Lincoln if required, as part
of the Site Plan Application;
(i)
That the Owner has submitted an approved Wind Study by a qualified
microclimate professional or Professional Engineer, to the satisfaction of
the Town of Lincoln if required, as part of the Site Plan Application;
(j)
That the Owner update the Planning Justification Report that is completed
by a Registered Professional Planner, to the satisfaction of the Town of
Lincoln. The update should include assessment of amenity space and, if
required, include a Park Issues Assessment of the public and private
outdoor amenity spaces that are proposed to service the proposed
development
(k)
Registration on title of a Section 37 Agreement per the Planning Act and to
the satisfaction of the Town of Lincoln
(l)
The applicant has entered into a Site Plan Agreement and the Agreement
has been registered on title.
3.19.6.3 Additional Permitted Uses After Removal of the "H"
The following additional uses are permitted in the RM1-33 Zone as identified in Area 1
on Schedule A4 - Figure 1:
(a)
Apartment dwelling
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(b)
Hotel
(c)
Community facilities
The following additional uses are permitted in the RM2-15 Zone as identified in Area 1
on Schedule A4 - Figure 1:
(a)
Office use
(b)
Financial Use
(c)
Institutional Use
(d)
Daycare Centre
(e)
Personal Service Use
(f)
Eating Establishment (excluding drive-thru facility)
3.19.6.4 Additional Zone Provisions After Removal of the "H"
3.19.6.4.1 Zone Provisions for All Lands
The following regulations apply to all lands identified as subject to this Special Provision
as per Schedule A4 - Figure 1, after removal of the holding provision:
(a)
Maximum Density
- 580 units per hectare * (regardless of
phases and timing, the entire high-density
area will be included in one large site plan
which can be phased as they need)
(b)
Minimum Lot Area
- 5,000 square metres
(c)
Minimum Lot Frontage
- 30 metres
(d)
Maximum Floor Area Per Floor
- Above 7 storeys, the maximum floor
area shall be 2,000 square metres
per floor of the building tower
(e)
Maximum Lot Coverage
- 50%, excluding any parking garage
area
(f)
Minimum
Landscaped
Open
Space
- 25%
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(g)
Minimum Width of Planting Strip
Adjacent to a GC Zone
- 3 metres
(h)
Minimum Width of Planting Strip
Adjacent to North Service Road
- 4.5 metres
(i)
Maximum Main Wall Building
Length
- 65 metres before a break in the
main wall of no less than 5 metres in
width by 2 metres in depth
(j)
Minimum Yard Requirements:
(i) Yard abutting a Public Street
-
2 metres, except where the yard
abuts North Service Road, the
minimum yard setback shall be 14
metres
(ii) Interior side and rear yard
- 10 metres
(k)
Maximum Yard abutting a Public
Street
- 12 metres, except where the yard
abuts North Service Road, the
maximum yard setback shall be 26
metres
(l)
Minimum Amenity Area Required
- 10 square metres per dwelling unit
(m)
Minimum Parking Requirements
- 1.25 spaces per dwelling unit plus
0.25 visitor spaces per dwelling unit
- Where public parking spaces are
provided on the same lot on which
the use is located, the number of
public parking spaces provided may
be used towards the required
number of visitor parking spaces
- All other uses in accordance with the
provisions of Section 4
(n)
Minimum Bicycle Parking
Requirements
- .15 long-term bicycle parking
spaces per dwelling unit. Long-term
bicycle parking spaces shall be for
the use of occupants of a building
and shall be located in a secure
enclosed bicycle parking area
(o)
The parking of motor vehicles is prohibited in the first storey of an above
grade parking structure for the first 9 metres of the depth of the parking
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structure that fronts a public street only.
(p)
All parking spaces, parking areas, ramps and/or driveways shall be located
to the rear of all buildings. Surface parking areas shall be fully screened
from view of any public street by means of landscaping features.
(q)
A minimum of 40% of the lot frontage adjacent to a collector road shall be
occupied by a main wall.
(r)
A minimum of 40% of the building façade on the ground floor, and 25% of
the building façade for floors above the ground floor, that is oriented toward
a public street shall be occupied by glazing, doors, and or green wall or
other agreed upon surface treatment.
3.19.6.4.2 Additional Zone Provisions for Area 1 Lands
The following regulations apply to all lands identified as Area 1 on Schedule A4 - Figure
1:
(a)
Maximum Building Height
- 12 storeys to a maximum of 42
metres. Notwithstanding the
maximum building height, the
façade of the building facing a public
road shall include step-backs of a
minimum of 4 metres above the third
storey.
3.19.6.4.3 Additional Zone Provisions for Area 2 Lands
The following regulations apply to all lands identified as Area 2 on Schedule A4 - Figure
1:
(a)
Maximum Building Height
- 15 storeys to a maximum of 52.5
metres. Notwithstanding the
maximum building height, the
façade of the building facing a public
road shall include step-backs of a
minimum of 4 metres above the third
storey.
3.19.6.4.4 Additional Zone Provisions for Area 3 Lands
The following regulations apply to all lands identified as Area 3 on Schedule A4 - Figure
1:
(a)
Maximum Building Height
(upon execution of a Section 37
agreement)
- 18 storeys to a maximum of 63
metres. Notwithstanding the
maximum building height, the
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façade of the building facing a public
road shall include step-backs of a
minimum of 4 metres above the third
storey.
3.19.6.4.5 Additional Zone Provisions for Area 4 Lands
The following regulations apply to all lands identified as Area 4 on Schedule A4 - Figure
1:
(a)
Maximum Building Height
(upon execution of a Section 37
agreement)
- 20 storeys to a maximum of 70
metres. Notwithstanding the
maximum building height, the
façade of the building facing a public
road shall include step-backs of a
minimum of 4 metres above the third
storey.
3.19.6.4.6 Additional Zone Provisions for Area 5 Lands
The following regulations apply to all lands identified as Area 5 on Schedule A4 - Figure
1:
(a)
Maximum Building Height
(upon execution of a Section 37
agreement)
- 25 storeys to a maximum of 85
metres. Notwithstanding the
maximum building height, the
façade of the building facing a public
road shall include step-backs of a
minimum of 4 metres above the third
storey.
3.19.6.5 Bonusing Provisions
Zoning compliance is required in order to permit the increased building height and
density permissions on lands identified on Schedule A4 - Figure 1, and shall be
dependent upon conformity to the community benefits policies outlined in the
Prudhommes Secondary Plan and the registration on title of an agreement or
agreements pursuant to Section 37 of the Planning Act. The owner of the subject lands
shall provide to the satisfaction of the Town the facilities, services, and matters in the
form of one or more of the following:
(a)
Contributions by the Owner of the subject property to the Town of Lincoln
to be used for eligible community benefits as identified in the Prudhommes
Secondary Plan
Notwithstanding the provisions of the EI-1 (H) Zone, the following conditions shall first
be completed to the satisfaction of the Town of Lincoln:
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(a)
A Natural Environment Report shall be completed in accordance with the
Aggregate Resources Act. If required, mitigation shall be implemented to
ensure there are no negative impact to ecological features or functions to
the satisfaction of the Town in consultation with the Region of Niagara and
Niagara Peninsula Conservation Authority; and
(b)
The Town is satisfied that the alvar community located within Aggregate
Resources Act Licence #61667 has been protected.
3.20 INNS
An Inn shall include a maximum of 10 guest rooms, dwelling units or combination
thereof wherein such dwelling units are not restricted to occupancy by a person as
their principal residence and may include 1 accessory dwelling unit for the owner or
operator thereof.
3.21 LANDSCAPED STRIPS
(a)
Where a lot in the Commercial, Industrial or Institutional Zones abuts a
side or rear lot line in an Agricultural or Residential Zone, then a
landscaped strip abutting such lot line or portion thereof shall be
provided as follows:
(i)
In a Commercial or Industrial Zone, the minimum width of the
landscaped strip shall be 3 metres;
(ii)
In an Institutional Zone, the minimum width of the landscaped
strip shall be 1.5 metres;
(b)
Where an apartment building in the RM2 or RM3 Zones abuts a side or
rear lot line of a R1 Zone and R2 Zone, then a 3 metre wide landscaped
strip abutting such lot line or portion thereof shall be provided; and
(c)
Where a lot in an Industrial Zone abuts Ontario Street the minimum width
of the landscaped strip abutting Ontario Street shall be 4 metres.
3.22 LOTS ABUTTING A 0.3 (ONE FOOT) RESERVE
Where in any zone a 0.3 metre reserve separates an exterior side yard from a street,
the exterior side yard requirement of the zone shall be provided as though the said
reserve is non-existent.
3.23 LOT AND YARD REQUIREMENTS
3.23.1 REQUIREMENTS FOR LOT
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Except as otherwise provided in this By-law, no building or structure shall be erected,
altered, extended or enlarged except upon a lot, nor shall any land be used for any
permitted use unless it comprises a lot, but this provision shall not prevent the use of
any parcel or tract of land for agricultural purposes excluding the erection or
enlargement of any building or structure, except a fence.
3.23.2 FRONTAGE ON AN IMPROVED STREET
Except as noted in subsection 3.23.4, no building or structure shall be erected or
enlarged on any lot which does not have the minimum required lot frontage on a
public street or road.
3.23.3 MINIMUM LOT AREA
Except as noted in subsection 3.23.4, the minimum lot area shall be as contained in the
appropriate section of this By-law for the zone in which the lot is located. However, the
Regional Public Works Department may require a larger lot area for water supply and
sewage disposal facilities, in which case the lot area requirements of the Regional
Public Works Department shall prevail.
3.23.4 EXCEPTIONS FROM LOT FRONTAGE AND LOT AREA REQUIREMENTS
(a)
A parcel of land existing at the date of the passing of this By-law, which is
situated in the Agricultural (A) Zone and which lacks the required lot
frontage on an improved street and/or the required lot area may be
used for any permitted use within the Agricultural (A) Zone, except
kennels, new greenhouses and cannabis production facilities provided all
other requirements of this By-law are satisfied, and provided the minimum
lot frontage on a public street or road is 20 metres;
(b)
A parcel of land existing at the date of the passing of this By-law, which is
situated in the Hamlet Residential (HR), Residential 2 (R2) or
Residential 1 (R1) and which lacks the required lot frontage on an
improved street and/or the required lot area, may be used for a single
detached dwelling, provided all other requirements of this By-law are
satisfied and provided the minimum lot frontage on an improved street is
7.5 metres.
3.23.5 EXISTING LOTS OF RECORD
Where an existing lot of record in any zone has lesser lot frontage on an improved
street and/or lesser lot area than is required by this By-law, an addition to any
existing building or structure may be erected and used on such lot, provided that
such addition to such building or structure meets all other requirements of this By-
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law. However, where a parcel of land is not serviced by sanitary sewers, approval
from the Regional Public Works Department is required prior to any development
taking place.
3.23.7 DEVELOPMENT WITHIN ENVIRONMENTAL CONSERVATION ZONE
Additions to and/or reconstruction of existing buildings and structures shall not be
permitted within the (EC) Zone unless appropriate approvals have been received by the
Region, the Niagara Peninsula Conservation Authority in accordance with the provisions
of the Conservation Authorities Act and the Town in accordance with the Planning Act.
3.23.8 NUMBER OF SINGLE DETACHED DWELLINGS PER LOT
Where this By-law allows a single detached dwelling to be located on a lot, not more
than one single detached dwelling unit shall be permitted, except in the case of a
farm labour housing.
3.24 MINIMUM DISTANCE SEPARATION REQUIREMENTS
(a)
New and expanded livestock facilities, manure storage facilities and
anaerobic digesters are subject to the Minimum Distance Separation II
(MDS II) requirements developed by the province, as amended from time
to time, and shall comply with the requirements of the Ontario Nutrient
Management Act.
(b)
No dwelling shall be erected or located on a separate lot unless it
complies with the requirements of the Ontario Nutrient Management Act
and the Minimum Distance Separation (MDS I) formulae and guidelines
developed by the province, as amended from time to time. An existing
off-site dwelling, destroyed by a catastrophic event, may be replaced by a
new dwelling provided that the new dwelling is sited no closer to the lot
on which the livestock facility is located than the previously existing
dwelling.
(c)
No bed and breakfast establishment located on a separate lot shall be
permitted unless the dwelling in which it is located complies with the
Minimum Distance Separation (MDS I) formulae and guidelines developed
by the province, as amended from time to time.
(d)
A new livestock facility may replace a former livestock facility destroyed by
a catastrophic event, provided that the new livestock facility does not
result in increases in the values of Factors A, B or D, of the MDS
Formulae, compared to what existed at the livestock facility prior to the
catastrophic event, such that there is no switch to a livestock type with a
higher odour potential, there is no increase in the number of nutrient units
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housed and there is no switch to a manure system type with a higher
odour potential.
(e)
Notwithstanding the MDS requirements, where new development on a
vacant lot of record is unable to comply with the MDS requirements, a
dwelling may be permitted on the lot provided the dwelling is located on
the lot the furthest distance reasonably feasible from the impacted
livestock facilities.
3.25 MINOR VARIANCES TO BY-LAW NUMBER 93-14-Z1, AS AMENDED
A minor variance approved by the Town Committee of Adjustment granted in relief to
the provisions of By-law Number 93-14-Z1, as amended, of the Town, shall remain in
effect and a building permit may be issued by the Chief Building Official up to the
effective date of this By-law.
3.26 MULTIPLE ZONES
Notwithstanding anything contained in this By-law, where more than one zone
category applies to any land, all provisions relating to each zone category shall be
complied with, on each such portion of the lot so zoned except that where a portion of
the said lot is zoned Environmental Conservation (EC), the said portion may be used in
the calculation of the required lot frontage provision.
3.27 NATURAL ENVIRONMENTAL AREA AND NIAGARA ESCARPMENT PLAN
AREA OVERLAYS
3.27.1 NATURAL ENVIRONMENTAL AREA OVERLAY
Lands located within the Natural Environmental Area Overlay illustrated on Schedule
"A" are natural features that are considered to be significant at a Provincial, regional or
local level. The delineation of the Natural Environmental Area is based on the most
current information available, and may not be accurate or up to date in some areas.
(a)
Development and site alteration shall not be permitted unless it is
demonstrated through the completion of an environmental analysis, such
as an Environmental Impact Study, in accordance with the policies of the
Official Plan, and to the satisfaction of the Town, Region, applicable
Conservation Authority and the Niagara Escarpment Commission, that
there will be no negative impacts on the natural features or on their
functions. The environmental analysis shall identify appropriate setbacks
and buffers where required.
(b)
Subject to the above, all permitted uses, lot and building requirements
shall be in accordance with the underlying zone where the Natural
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Environmental Area Overlay is shown and in accordance with all other
applicable provisions of this By-law.
(c)
Notwithstanding the above, existing agricultural uses and legally
existing uses are permitted.
3.27.2 NIAGARA ESCARPMENT PLAN AREA OVERLAY
(a)
Lands located within the Niagara Escarpment Plan Area Overlay illustrated
on Schedule "A" are lands that provide for the maintenance of the Niagara
Escarpment and land in its vicinity substantially as a continuous natural
environment, and to ensure only such development occurs as is
compatible with that natural environment. The delineation of the Niagara
Escarpment Area is based on the most current information available, and
may not be accurate or up to date in some areas.
(b)
Development within the Niagara Escarpment Development Control Area is
regulated by the Niagara Escarpment Commission through the issuance of
development permits.
(c)
Within the Niagara Escarpment Plan Area Overlay, development includes
a change in the use of any land, building or structure.
3.28 NON-CONFORMING USES
3.28.1 CONTINUATION OF EXISTING USES
The provisions of this By-law shall not prevent the use of any lot, building or structure
for any use prohibited by this By-law if such lot, building or structure was lawfully used
for such use on the date of the passing of this By-law, and as long as it continues to be
used for that purpose.
3.28.2 REPAIRS AND RENOVATIONS
Where a building or structure which was lawfully erected prior to the date of the passing
of this By-law is used for a purpose not permitted in the zone in which it is situated, the
said building or structure may be repaired or renovated provided that there is no
expansion or enlargement of the use, building or structure or change of use.
3.28.3 DISCONTINUATION OF USE
Where a use, building or structure which was lawfully established prior to the date of the
passing of this By-law has been used for a purpose not permitted in the zone in which it
is situated, and said use discontinues or the building or structure has been abandoned
for a period of twelve consecutive months or longer, the use shall be deemed to have
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ceased and the said building or structure may only be used thereafter for a use that
conforms to this By-law.
3.29 NON-COMPLYING BUILDINGS AND STRUCTURES
A non-complying building or structure may be enlarged, repaired or renovated provided
that the enlargement, repair or renovation:
(a)
Does not further encroach into a required yard;
(b)
Does not in any other way increase a situation of non-compliance; and
(c)
Complies with all other applicable provisions of this By-law.
3.30 PRIVATE HOME DAYCARE
Where private home daycare is permitted, it shall be subject to the requirements of the
zone in which it is located, and the following:
(a)
Is permitted within any residential dwelling unit.
(b)
Notwithstanding any other provisions of this By-law, no part of any
required front yard shall be used for the purposes of an outdoor play
space accessory to a private home daycare.
3.31 PUBLIC USES
Nothing in this By-law shall:
(a)
Prevent the use of any land as a public use provided by or on behalf of
the Town of Lincoln, Regional Municipality of Niagara, Province of
Ontario, Government of Canada or any commission, board authority,
agency, ministry or department established by or for any of the above,
provided that:
(i) Any buildings or structures shall be in compliance with the relevant
provisions of this By-law;
(ii)
Any building, structure or use shall not adversely affect the
character or amenity of the neighbourhood in which it is located; and
(iii) The use is not industrial.
(b) Prevent the use of land for a street or prevent the construction,
installation, operation and maintenance of public infrastructure such
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as sidewalks, trails, watermains, sanitary and storm sewers, storm
detention ponds, gas mains, pipes and mains, electrical
transmission and distribution lines, cables and conduits, telephone, cable
television lines or other supply lines or communication lines, and
appurtenances such as water booster stations and sewage and/or storm
pumping stations to the forgoing provided that the location of any
such pipes, mains, lines, cables and conduits have been approved by the
Town where applicable; and
(c) Prevent the use of any land for the erection of buildings or structures
not exceeding 30 square metres, or the installation of other facilities
essential to the operation of public utilities as defined in this By-law,
provided that any such use, building or structure shall not
adversely affect the character or amenity of the neighbourhood in which
same is located.
3.32 RAILWAY AND PIPELINE RIGHT-OF-WAY SETBACKS
Notwithstanding anything contained in this By-law:
(a)
No residential building shall be located closer than 30 metres to a railway
right-of-way; and
(b)
No building or structure shall be located closer than 3 metres to any
natural gas pipeline.
3.33 REQUIREMENT FOR MUNICIPAL SERVICES
Notwithstanding any other provisions of this By-law, no lands shall be used nor any
building or structure erected or used thereon, unless:
(a)
Municipal sanitary sewer and water services are available and capable of
servicing the said land, building or structures. Municipal sanitary sewer
and water services are required for development within any Urban
Boundary as shown on Schedules 'A1', 'A2', 'A3', 'A4', 'A5', 'A6' and 'A7',
and no use shall be permitted without being connected to such services in
such area.
3.34 SECONDARY RESIDENTIAL UNITS
A secondary residential unit shall be subject to the following provisions:
(a)
A maximum of one secondary residential unit shall be permitted within a
single detached dwelling, semi-detached dwelling, or townhouse
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dwelling. A secondary residential unit shall not be permitted in
association with any other dwelling unit type.
(b)
One secondary residential unit is also permitted in a structure
accessory to a single detached dwelling, semi-detached dwelling or
townhouse dwelling provided the single detached dwelling, semi-
detached dwelling or townhouse dwelling does not already contain a
Secondary Residential Unit.
(c)
The maximum gross floor area of a secondary residential unit shall
not be greater than 50% of the gross floor area of the principal
residential dwelling on the lot.
(d)
A parking space shall be provided for the secondary residential unit in
addition to the minimum number of required parking spaces for the
dwelling, in accordance with Section 4.1 of this By-law. The required
parking space is permitted to be configured as a tandem parking
space.
(e)
A secondary residential unit shall have a direct and independent
entrance, which shall be:
(i)
an entrance through a common vestibule from within the dwelling;
(ii)
an entrance via an attached garage;
(iii) an exterior direct entrance from the rear yard, provided there is
access to the rear yard entrance via an interior side yard, which is
maintained as a clear and unobstructed access with a minimum
width of 1.2 m to the rear yard; and/or
(iv) an entrance from a side yard, provided the side yard is maintained
as a clear and unobstructed access with a minimum width of 1.2 m to
the entrance.
(f)
The secondary residential unit shall be constructed and designed in
accordance with the requirements of the Building Code and all other
applicable provisions of this By-law.
3.35 SHORT-TERM ACCOMODATIONS
Where permitted, a short-term accommodation shall be subject to the requirements of
the Zone in which it is located, and it shall:
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(a)
Be permitted only within a single detached dwelling of the principal
resident, semi-detached dwelling of the principal resident, townhouse
dwelling of the principal resident, and apartment dwelling only in the unit
the principal resident resides in;
(b)
Be clearly secondary to the main residential use;
(c)
Where required by the Town, be licensed pursuant to the Municipal Act,
2001;
(d)
Not provide outside display, other than a legal sign which shall not exceed
0.3 square metres in area in the HR, R1, R2 and RM1 Zones, and which
shall not exceed 0.6 square metres in area in all other Zones, indicating
the name of the short term accommodation;
(e)
That approval be obtained from the Regional Public Works Department
and the Town's Building and Fire Departments; and
(f)
Comply with the parking provisions of Section 4.
3.36 SIGNS
Signs shall be permitted in accordance with the Town's Sign By-law, except for signs on
Regional roads which are subject to Regional Review and may require a
Regional Sign Permit
3.37 SWIMMING POOLS
Notwithstanding anything contained in this By-law, a swimming pool is permitted as
an accessory use to any use permitted in any Agricultural Zone, Residential Zone,
Commercial Zone, Institutional Zone, and Open Space Zone, subject to the following
regulations:
(a)
No pool shall be located within the required front yard for any
Residential Zone, and shall not be located within the required front yard
and required exterior side yard for any other zone;
(b)
A pool including an attached deck shall not be located within 1.2 metres
of any interior side lot line, exterior side lot line or rear lot line for any
Residential Zone, and not within 1.5 metres of any interior side lot line or
rear lot line for any other zone;
(c)
Any building or structure required for changing clothes or for pumping or
filtering facilities or other similar use shall comply with the accessory
uses section of the zone category in which it is located;
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(d)
A pool shall be considered part of the landscaped open space
requirement of the zone category in which it is located;
(e)
A pool shall be fenced in accordance with the Town's Pool Fence By-law;
and
(f)
Where a parcel of land is not serviced by sanitary sewers, approval from
the Regional Public Works Department is required prior to any
swimming pool being erected or installed on the lands.
3.38 TEMPORARY GARDEN SUITES
A garden suite is permitted, subject to the passage of a temporary use by-law. Such a
by-law may permit a garden suite on a lot for a period not to exceed 20 years. A
garden suite shall also be subject to the following regulations:
(a)
The size of a garden suite shall be no smaller than the minimum size
allowed by the Ontario Building Code;
(b)
The size of a garden suite shall not exceed the lot coverage provisions as
established in section 3.5 (f) and shall be no smaller than the minimum
size allowed by the Ontario Building Code;
(c)
Shall be permitted on lots large enough to accommodate;
(d)
Shall be permitted where adequate water and sanitary service levels can
be sustained;
(e)
A garden suite shall be constructed to be habitable year round;
(f)
Shall be subject to and must be in compliance with the same setbacks for
the primary dwelling. The setbacks for accessory buildings do not
apply; and
(g)
Garden suites will be included in a sites overall lot coverage.
3.39 TEMPORARY RESIDENTIAL USES
Notwithstanding any provision in this By-law, a mobile home may be located and
used as a temporary residence in an Agricultural (A) Zone for a period of time not to
exceed six months. Except as provided for in this By-law no person shall erect, locate
or occupy a mobile home on a lot in any zone except as farm labour housing within
the Agricultural (A) Zone or within a Mobile Home Park.
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 95
During the construction of a single detached dwelling, or where a new single
detached dwelling is to be erected in an Agricultural (A) Zone which intends to
replace an existing single detached dwelling, the existing single detached dwelling
may remain located on the lot a maximum of sixty days after the new dwelling is
occupied, subject to the following regulations:
(a)
The requirements of the Niagara Public Works Department are met; and
(b)
An agreement is entered into between the Town and the owner of the lot,
including the deposit of sufficient securities, to ensure removal of the
mobile home or the existing single detached dwelling upon completion
of the new single detached dwelling.
3.40 TEMPORARY USES
Nothing in this By-law shall prevent the temporary use of land for the following uses:
(a)
The use of any land or the erection or use of any building or structure
for a construction camp, work camp, tool shed, scaffold or other building
or structure incidental to and necessary for any construction, provided
such temporary structures are located on the lands upon which such
work is underway and only for so long as may be reasonably necessary to
complete such construction;
(b)
The erection of a building for a temporary real estate sales office on or
in proximity to the lands which are for sale;
(c)
The use of any land for the erection of an agricultural produce stand for
the sale of locally grown produce subject to the following regulations:
(i)
Maximum Area of Stand
-
20 square metres
(ii)
Maximum Height
-
5 metres
(iii)
Minimum setback from
any street
-
7.5 metres
(iv)
All Other Yards
-
in accordance with the provisions of
subsection 5.3
(d)
The retail sale of Christmas trees, except on any Residential Zoned
lands. The site shall be cleared by January 15th of the following year;
(e)
The location of a mobile trailer on lands zoned Agricultural, Commercial or
Industrial, provided it is used for campaign purposes during a Municipal,
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GENERAL PROVISIONS
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FINAL - July 2022
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Provincial, or Federal election or an election held under the provisions of
the Municipal Act, or any successor or amending legislation thereto. A
mobile trailer shall only be situated on a property from the time the election
is called until two weeks following the election;
(f)
The selling of fireworks on lands zoned Commercial or Industrial, except
lands used for a vehicle fueling station, during the periods permitted by
the Town By-law to Prohibit and Regulate the Sale and Use of Fireworks
and Pyrotechnic Special Effects Within the Town of Lincoln, subject to the
regulations of the applicable zone category;
(g)
The locating or storing of used concrete and/or asphalt products on any
land for any purpose, including crushing and sorting, provided such activity
is incidental to and necessary for a public undertaking, is within the limits
of said undertaking, or on land adjacent to said undertaking for the
duration of such undertaking;
(h)
The use of a tent for special events provided the tent is removed at the
end of the special event; and
(i)
The use of a tent on a seasonal basis from May 1 to October 31 each year
within the Agricultural (A) Zone for special events or any use permitted in
the Agricultural (A) Zone or any use accessory to a permitted use in the
Agricultural (A) Zone, subject to the following:
(i)
The seasonal tent is located on the same lands as the farm operation
or winery or brewery or distillery;
(ii)
The seasonal tent is removed by November 2; and
(iii) The seasonal tent complies with the following setbacks:
(1)
Minimum Front Yard - 15 metres
(2)
Minimum Exterior Side Yard - 15 metres
(3)
Minimum Interior Side Yard - 15 metres
(4)
Minimum Rear Yard - 15 metres.
3.41 THROUGH LOTS
Where a lot is not a corner lot and has frontage on more than one street, the setback
and front yard requirements contained herein, shall apply on each street in
accordance with the provisions of the zone or zones in which such lot is located.
3.42 USES PERMITTED IN ALL ZONES
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 97
Nothing in this By-law shall prevent the use of land for the following uses:
(a)
Conservation use, not including buildings or structures except where
specifically permitted;
(b)
Forestry use;
(c)
Public memorial or public ornamental structure;
(d)
Public railway line excluding any marshalling yard associated therewith;
(e)
Public street;
(f)
Traffic sign, traffic signal or any sign or notice of any governmental
department, agency or authority, or any sign erected in accordance with
the Town's Sign By-law;
(g)
Wayside pit or quarry except within any Residential or Environmental
Conservation Zone or any lands within the Ontario Greenbelt Plan (2005)
between Lake Ontario and lands under the jurisdiction of the Niagara
Escarpment Commission; and
(h)
Building or structure accessory to any permitted use, except where
specifically precluded, and subject to the provisions of subsection 3.5 and
any other requirement contained herein.
3.43 USES PROHIBITED IN ALL ZONES
(a)
Notwithstanding anything contained in this By-law the following uses are
prohibited within the Town:
(i)
Commercial manufacturing of fertilizers;
(ii)
Junk yard, salvage yard, vehicle wrecking yard or the collection,
storage or sale of junk, salvage, partially or completely dismantled
vehicles or trailers, or parts of vehicles or trailers or the stockpiling
of used tires;
(iii) Locating or storing on any land for any purpose any disused railroad
car, street car body, truck body, bus body, or truck trailer without
wheels, whether or not the same is situated on a foundation;
(iv) Abattoir;
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GENERAL PROVISIONS
Town of Lincoln Zoning By-law
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(v)
The keeping or raising of any bull, ox, cow, sheep, goat, pig, poultry,
horse, reptile or any wild animal including any tamed or domesticated
wild animal on any lot or in any building or structure in any
Residential Zone, or any lot in the Agricultural Zone having a lot
area less than 0.8 ha;
(vii) Track for the racing of vehicles, motorcycles or motorized snow
vehicles;
(viii) Locating or storing of used concrete and/or asphalt products on any
land for any purpose including crushing and sorting, except as
follows:
(1)
In an Extractive Industrial (EI) Zone; and/or
(2)
As a temporary use associated with a public undertaking within
the limits of the said undertaking or on land adjacent to said
undertaking for the duration of such undertaking;
(b)
In addition to the prohibited uses specified in clause (a) of this subsection,
no use shall be permitted within the Town which from its nature or the
material used therein is declared under the Public Health Act or
Regulations thereunder to be a noxious trade, business or manufacture;
(c)
In addition to the prohibited uses specified in clause (a) of this subsection,
all uses of land and the erection or use of any building or structure for a
purpose not permitted under the permitted uses subsection of each zone,
established by this By-law, are prohibited in the said zone, save and
except for those uses of land and the erection or use of any building or
structure for a purpose permitted in accordance with the applicable
provisions of this By-law;
(d)
Notwithstanding anything contained herein, no land shall be used and
no building or structure shall be erected, altered or used for any
purpose which results in a contaminant being discharged into the natural
environment, as determined in accordance with the provisions of the
Environmental Protection Act and without limiting the generality of this
subsection, for any purpose that creates or is likely to result in an adverse
effect including;
(i)
Impairment of the quality of the natural environment for any use that
can be made of it;
(ii)
Injury or damage to property or to plant or animal life;
SECTION 3
GENERAL PROVISIONS
Town of Lincoln Zoning By-law
FINAL - July 2022
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(iii) Harm or material discomfort to any person;
(iv) An adverse effect on the health of any person;
(v)
Impairment of the safety of any person;
(vi) Rendering of any property or plant or animal life unfit for use by man;
(vii) Loss of enjoyment of normal use of property, and
(viii) Interference with the normal conduct of business;
(e)
The use of recreational vehicles for permanent human habitation; and
(f)
The use of tents for permanent human habitation, or for business or other
purposes is prohibited, provided, that these provisions shall not prevent
the use of tents in accordance with subsection 3.37 of this By-law or for
children's play or for picnics.
3.44 VISIBILITY TRIANGLES
To prevent the possible obstruction or impairment of vision of a vehicle operator, any
use, building, structure, fence, hedge, bush, tree or vegetation exceeding one metre
in height above the lowest finished elevation of the centreline of the abutting streets,
shall be prohibited within any visibility triangle. This provision shall not apply to field
crops, wire farm fences, traffic signs, or sign posts less than 20 centimetres in width or
diameter.
3.45 WASTE DISPOSAL ASSESSMENT AREA OVERLAY
Lands located within the Waste Disposal Assessment Area Overlay, 500 metres from
the fill area of a closed site as shown on Schedule "A", shall be used for no other
purpose than those uses which legally existed prior to the passing of this By-law. The
uses permitted within the underlying zone shall not be permitted until an assessment is
completed to determine
(a)
The impact of any potential methane gas migration;
(b)
Whether the proposed use will be adversely affected by noise, odour, dust
or other nuisance factors from the waste disposal site;
(c)
Potential traffic impacts;
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GENERAL PROVISIONS
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FINAL - July 2022
Page 100
(d)
Whether the proposed use will be adversely affected by ground and
surface water contamination by leachate migrating from the waste
disposal site; and
(e)
The impact of the proposed use on leachate migration from the landfill
site.
The assessment is intended to address these matters and other items outlined in the
Province's Guideline D-4, April 1994, or its successor as required to ensure that the
proposed land uses are compatible in nature and do not adversely impact upon each
other.
The studies required to support a development application within the assessment area
shall be based on the type and/or scale of the development proposed, or the studies
may be waived as appropriate. The nature of the required studies and their scope shall
be determined by the Town in consultation with the Region at the time the development
is proposed.
All lands within the assessment area shall be subject to a Holding Provision in the
Implementing Zoning By-law. The lifting of a Holding Provision permitting the
development of any new use or new or enlarged buildings or structures within the
assessment area shall not occur until The Town is satisfied that all of the studies
required by the Town and Region have been completed.
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 101
SECTION 4 - PARKING AND LOADING REQUIREMENTS
4.1
PARKING PROVISIONS
4.1.1 NUMBER OF REQUIRED PARKING SPACES
Where land, buildings or structures are used in accordance with this By-law, every
owner shall provide and maintain off-street vehicle parking areas for the sole use of
the owner, occupant or persons making use of the premises on the same lot in
accordance with the requirements outlined for the respective uses as specified in the
table below and in accordance with the other provisions contained in this Section. In
addition, the owner or occupant of any lot, building or structure erected shall provide
and maintain bicycle parking spaces in accordance with the table below.
Use
Minimum Number of Parking
Spaces
Bicycle Parking
Requirements
Residential Uses
Apartment
Dwelling
1.25 space per dwelling unit
0.25 spaces per
apartment
dwelling unit
Bed and
Breakfast
Establishment
2 spaces per dwelling unit plus 1
additional space for each guest
room
0.25 spaces per
guest room
Short-term
accommodation
2 spaces per dwelling unit plus 1
additional space for each guest
room
0.25 spaces per
guest room
Duplex Dwelling
2 spaces per dwelling unit
N/A
Dwelling Unit in
a Mixed Use
Development
1 space per dwelling unit in addition
to the requirements for other uses in
the development
0.25 spaces per
dwelling unit
Farm Labour
Housing
1 space per dwelling unit
N/A
Fourplex
Dwelling
1 space per dwelling unit
N/A
Home for
Special Care
2 spaces per dwelling unit plus 1
additional space for the home for
special care
N/A
Home-based
Business
2 spaces per dwelling unit plus 1
additional space for home-based
business use
N/A
Nursing Home,
Long-Term Care
Home and
Retirement
.25 spaces per bed or per room or
per unit, whichever is greater and 1
space per employee
0.25 spaces per
number
of
employees
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 102
Use
Minimum Number of Parking
Spaces
Bicycle Parking
Requirements
Home
Secondary
Residential Unit
1 spaces per dwelling unit
-N/A
Single Detached
Dwelling, Semi-
Detached
Dwelling,
Stacked
Townhouse
Dwelling, Street
Townhouse
Dwelling
2 spaces per dwelling unit
N/A
Triplex and
Fourplex
1 space per dwelling unit
N/A
Other
Residential Uses
2 spaces per dwelling unit
N/A
Commercial Uses
Veterinary Clinic 1 space per 30 square metres of
gross floor area
N/A
Clinic
6 spaces per practitioner
N/A
Commercial or
Private Club
1 space per 10 square metres of
gross floor area
N/A
Drive-Thru
Facility
10 tandem spaces, in addition to the
requirements of subsection 3.9
N/A
Dry Cleaning
Distribution
Station
1 space per 6 square metres of
public floor area with a minimum of
2 spaces
N/A
Eating
Establishment
Dining: 1 space per 4.5 square
metres of public floor area
Takeout: 1 space per 6 square
metres of public floor area
1.0 spaces per
100
square
metres of gross
floor area
Hotel/Motel, Inn
1 space per guest room plus the
required parking for any other use
1 space per 200
square metres of
gross floor area
Marina
1 space per boat slip
N/A
Office Use
1 space per 30 square metres of
gross floor area
1 space per 100
square metres of
gross floor area
Personal
Service Use
1 space per 30 square metres of
gross floor area
N/A
Retail Use
1 space per 30 square metres of
1 space per 200
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 103
Use
Minimum Number of Parking
Spaces
Bicycle Parking
Requirements
gross floor area
square metres of
gross floor area
Service or
Repair Use
1 space per 30 square metres of
gross floor area
N/A
Other
Commercial
Uses
1 space per 30 square metres of
gross floor area.
1 space per 200
square metres of
gross floor area
Automotive Uses
Vehicle Fueling
Station
2 spaces
N/A
Vehicle Sales
and Rental
Establishment
1 space per 30 square metres of
gross floor area with a minimum of
10 spaces
N/A
Vehicle Service
and Repair
Establishment
1 space per 30 square metres of
gross floor area with a minimum of
10 spaces of which 50% of the
required spaces may be tandem
parking
N/A
Farm Implement
Sales and
Service
Establishment
1 space per 30 square metres of
gross floor area
N/A
Vehicle Wash
Establishment
Mechanical: 5 Tandem spaces per
bay
Self Serve: 3 spaces per bay
N/A
Industrial Uses
Industrial Mall
1 space per 50 square metres of
gross floor area
N/A
Industrial Use
1 space per employee on the largest
shift
N/A
Institutional Uses
Place of
Worship
The greater of: 1 space per 6 seats
or 3 linear metres of pew space
Schools
Elementary: 1.5 spaces per
classroom plus 5 additional spaces
Secondary: 5 spaces per classroom
plus 5 additional spaces
College, University: 1 space per 30
square metres of gross floor area.
1 space per 100
square metres of
gross floor area.
Other
1 space per 30 square metres of
N/A
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 104
Use
Minimum Number of Parking
Spaces
Bicycle Parking
Requirements
Institutional
Uses
gross floor area.
Recreational Uses
Place of
Entertainment,
Recreational
Use
The greater of:
1 space per 6 seats
or
1 space per 10 square metres of
gross floor area.
N/A
Agricultural Uses
Greenhouse
Use, Agricultural
Produce
Warehouse
and/or Shipping
Use, Cannabis
production
facility
1 space per employee on the largest
shift
N/A
Winery, Brewery
or Distillery
1 space per 50 square metres of
gross floor area.
N/A
4.1.2 VISITOR PARKING
For apartment dwellings, block townhouse dwellings, maissonette and stacked
townhouse dwellings, parking spaces shall be provided and used to accommodate the
vehicles of persons visiting the dwelling units at a ratio of 1 additional visitor parking space
for every 10 dwelling units or part thereof. All required visitor parking spaces shall be clearly
identified, demarcated and signed accordingly.
4.1.3 PARKING SPACE AND PARKING AREA PROVISIONS
Parking spaces and parking areas shall be designed and maintained in accordance
with the following requirements:
(a)
Each parking space shall be readily accessible at all times and arranged
in such a manner to provide access and maneuvering space for the
parking and removal of a vehicle, except that this does not apply in the
case of a single detached dwelling, semi-detached dwelling, duplex
dwelling, triplex dwelling, fourplex dwelling, modular home, street
townhouse dwelling, back-to-back townhouse dwelling, or secondary
dwelling unit.
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 105
(b)
The dimensions required for parking spaces shall be in accordance with
Schedule 'B'.
(c)
Where a lot, building or structure accommodates more than one type of
use, the parking space requirements shall be the sum of the
requirements for the separate parts of the lot, building or structure
occupied by the separate types of uses.
(d)
Where an addition is made to a building or the use is changed, then
additional parking spaces must be provided up to the number required
for the addition or change in use.
(e)
For the purposes of calculating the total number of parking spaces,
where the application of ratios results in a fraction of a parking space, the
required number of parking spaces for each permitted use shall be
increased to the next higher whole number.
(f)
Where off-street parking for any use other than a residential use within
a Residential Zone abuts a side lot line or rear lot line in a Residential
Zone, a screen shall be erected or planted and maintained along the side
or rear lot line and the screen shall have a minimum height of 1.5 metres
and shall be suitable for provision of privacy and protection from vehicle
headlights.
(g)
The front yard on any lot, excepting the driveway shall be landscaped
and no parking shall be permitted within this landscaped open space. a
minimum area of 1 metre between the driveway and nearest lot line must
be maintained as landscaped space in the form of grass, flowers, trees,
shrubbery, natural vegetation and indigenous species.
(h)
The width of a driveway accessing a residential use shall be in accordance
with the Table below:
Lot Frontage
Maximum Driveway Width
Residential
Zone:
9 metres or less
4.3 m
Greater than 9
metres
50% of the lot frontage to a
maximum of 7.3 metres
Agricultural
Zone:
N/A
50% of the lot frontage to a
maximum of 9 metres
(i)
For commercial, industrial, institutional properties and residential property
with more than three (3) dwelling units, the width of the driveway shall be
established through the Site Plan Control Approval process.
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 106
4.1.4 DESIGNATION OF ACCESSIBLE PARKING SPACES
(a)
Accessible parking spaces shall be designated in accordance with the
following table:
Total number of parking
spaces required
Minimum number of accessible
parking required to be
designated
(i)
0 to 12 required parking
spaces
One (1) Type A
(ii)
13 to 100 required
parking spaces
4% of the total number of
parking spaces(1),of which, 50%
shall be Type A and 50% shall
be Type B (2)
(iii)
101 to 200 required
parking spaces
1 space plus 3% of the total
number of parking spaces, of
which, 50% shall be Type A and
50% shall be Type B (2)
(iv)
201 to 1000 required
parking spaces
2 spaces plus 2% of the total
number of parking spaces, of
which, 50% shall be Type A and
50% shall be Type B (2)
(v)
1001 or more parking
spaces
11 spaces plus 1% of the total
number of parking spaces, of
which, 50% shall be Type A and
50% shall be Type B (2)
(1)
Where the minimum number of required Accessible Parking
Spaces results in one (1) Accessible Parking Space being
required, the parking space shall be a Type A parking space.
(2)
Where the minimum number of required Accessible Parking
Spaces results in an odd number of Accessible Parking Spaces
being required, the additional space may be a Type B parking
space.
(b)
The calculation of accessible parking spaces shall be included as part of
the total calculation of parking spaces required for any lot, building or
use.
(c)
Accessible parking spaces shall not be required for single detached
dwellings, semi-detached dwellings, triplex dwellings, fourplex
dwellings, townhouse dwellings, back-to-back townhouse dwellings,
duplex dwellings or modular homes.
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 107
(d)
The dimensions required for an accessible parking space shall be in
accordance with Schedule 'B'
(e)
The 1.5 metre unobstructed pedestrian access aisle may be shared by two
abutting accessible parking spaces and must meet the following
requirements:
(i)
the unobstructed pedestrian access aisle shall extend the full length
of the accessible parking space; and
(ii)
the unobstructed pedestrian access aisle shall be marked with high
tonal contrast diagonal lines, to discourage parking in them, where
the surface is asphalt, concrete or some other hard surface.
(f)
Accessible parking spaces shall be designed in accordance with the
Town's Accessible Parking By-law.
4.1.5 SHARED PARKING REQUIREMENTS FOR MIXED USE DEVELOPMENTS
For mixed use development where more than one of the uses listed in the table below
are located on the same lot, the minimum parking requirement may be reduced through
sharing of parking spaces, and the cumulative total of parking spaces required for all
the uses on the lot may be calculated as follows:
(a)
Calculate the required parking spaces for each use in the mixed-use
development;
(b)
Multiply the number of parking spaces required in the By-law by the
occupancy rate for each use in each of the time periods (weekday and
weekend, morning, afternoon, evening and overnight occupancy);
(c)
For each time period add the parking space calculations for all the uses
to arrive at a cumulative total; and
(d)
The largest cumulative total of all the uses in any time period is the
number of parking spaces required for the lot.
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 108
Type of Use
Morning Occupancy Rate
(i)
Office/Clinic/Financial
Use
Morning:
100
Afternoon:
95
Evening:
25
Overnight:
0
(ii)
Eating Establishment Morning:
15
Afternoon:
50
Evening:
100
Overnight:
0
(iii)
Retail Use / Personal
Service Use
Morning:
80
Afternoon:
90
Evening:
90
Overnight:
0
(iv)
Overnight
Accommodation -
Hotel, Motel, Short-
term accommodation
Morning:
70
Afternoon:
60
Evening:
75
Overnight:
100
(v)
Residential
Morning:
90
*Visitor - 20
Afternoon:
40
*Visitor - 10
Evening:
90
*Visitor - 80
Overnight:
100 *Visitor - 100
Type of Use
Percentage of Peak Period (Weekend)
(vi)
Office/Clinic/Financial
Use
Morning:
10
Afternoon:
10
Evening:
10
Overnight:
10
(vii)
Eating Establishment
Morning:
15
Afternoon:
50
Evening:
100
Overnight:
0
(viii) Retail Use / Personal
Service Use
Morning:
80
Afternoon:
100
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 109
4.1.6 CALCULATION OF REQUIRED SPACES
(a)
Where part of a parking space is required, such part shall be considered
one parking space for the purpose of calculating the minimum total
parking space requirements.
(b)
Where a building or structure, other than an industrial mall, or lot
accommodates more than one use, the parking space requirements for
the lot shall be the sum of the requirements for the individual uses, unless
the Section 4.1.4 (Shared Parking Requirements for Mixed Use
Developments) apply.
(c)
Parking spaces shall be provided for any addition to a building or
structure or a change in use, except that, where a building or structure
has less than the required parking spaces as of the effective date of this
By-law, this By-law shall not be interpreted to require that the deficiency be
made up in the event of an addition or change of use provided that any
parking required for such addition or change of use is provided.
4.1.7 EXCEPTION TO PARKING REQUIREMENTS
Notwithstanding the provisions of Section 4.1, all lands within the Central Business
District as identified on Schedules A2, A3, A5 and A6 shall be exempted from the
parking and loading requirements of this By-law, providing:
(a)
The commercial use involves a change of use within an existing building;
and/or
(b)
The commercial development involves an addition to an existing
commercial building; and/or
Evening:
10
Overnight:
0
(ix)
Overnight
Accommodation -
Hotel, Motel, Short-
term accommodation
Morning:
70
Afternoon:
60
Evening:
75
Overnight:100
(x)
Residential
Morning:
90
*Visitor - 20
Afternoon:
40
*Visitor - 10
Evening:
90
*Visitor - 80
Overnight:
100 *Visitor - 100
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 110
(c)
The commercial development or redevelopment of a parcel of land is of an
infilling nature and is situated between two existing buildings which are
located not more than 20 metres apart.
4.2
LOCATION OF SURFACE PARKING
4.2.1 GENERAL LOCATION
Off street parking spaces shall be provided and maintained upon the same lot and in the
same zone category on which the principal use is located.
4.2.2 PARKING FOR RESIDENTIAL ZONES
(a)
For single detached dwellings, semi-detached dwellings and townhouses,
tandem parking is permitted.
(b)
For all types of residential dwellings except single detached, semi-
detached and townhouses:
(i)
No parking space or parking area is permitted within 4.5 metres of
the streetline; and
(ii)
The parking spaces, parking area and driveway must be setback a
minimum of 3 metres from the boundary of an R1 or R2 Zone.
(c)
No more than 50% of the frontage of a lot for a single detached dwelling
may be used for a driveway and parking area.
(d)
No more than 60% of the frontage of a lot for a semi-detached dwelling
may be used for a driveway and parking area.
4.2.3 PARKING FOR THE CENTRAL BUSINESS DISTRICT ZONE
No parking space, parking area or driveway shall be located within the front yard or
exterior side yard. All parking spaces, parking areas or driveways shall be located to
the rear of all buildings.
4.2.4 PARKING FOR COMMERCIAL ZONES
No parking space, parking area or driveway shall be located within 1.5 metres of the
streetline or rear lot line, or within 3 metres of a Residential Zone or Institutional Zone.
4.2.5 PARKING FOR INDUSTRIAL ZONES
No parking space, parking area or driveway shall be located within 3 metres of the
streetline or within 6 metres of a Residential Zone, Agricultural Zone or an Institutional
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 111
Zone.
4.2.6 PARKING FOR OFFICE COMMERCIAL ZONE
(a)
No parking space, parking area or driveway shall be located within 4
metres of the streetline of Ontario Street or 3 metres of any other streetline
or within 6 metres of a Residential Zone, Agricultural Zone or an
Institutional Zone.
(b)
For lands other than lands abutting Ontario Street, a maximum of 2 rows
of parking and 1 aisle is permitted between the building and the streetline.
All other parking shall be located to the side or rear of the buildings.
4.2.7 PARKING FOR INSTITUTIONAL AND OPEN SPACE ZONES
No parking space, parking area or driveway shall be located within 3 metres of the
streetline or within 3 metres of a Residential Zone.
4.2.8 PARKING FOR AGRICULTURAL ZONES
No parking space, parking area or driveway for a greenhouse use and agricultural
produce warehouse and/or shipping use, a farm winery or estate winery shall be located
within 6 metres of the streetline or within 6 metres of a Residential Zone.
4.3
LOCATION OF UNDERGROUND PARKING
Nothing in this By-law shall apply to prohibit the location of underground parking areas
in any yard, provided that:
(a)
No part of any underground parking area shall be situated above finished
grade in any required yard; and
(b)
No part of any underground parking area shall be located within the limits
of a street.
4.4
OUTDOOR PATIO
Where an eating establishment has a seasonal accessory outdoor patio, the public floor
area of the outdoor patio shall be excluded from the parking requirements of subsection
4.1.1.
4.5
PARKING RESTRICTIONS
(a)
Parking spaces required by this By-law shall be used only for the parking
of passenger vehicles and vehicles used in operations incidental to the
SECTION 4
PARKING AND LOADING REQUIREMENTS
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 112
permitted uses in respect of which such parking spaces are required;
(b)
Within any Residential Zone, no person shall use any parking space,
parking area or lot for the parking or storage of any commercial motor
vehicle in excess of 3,600 kilograms gross vehicle weight as registered
with the Ministry of Transportation and/or greater in length than 6.5
metres;
(c)
Within a Residential Zone, no more than one boat, trailer, motor home,
travel trailer or recreational vehicle may be parked or stored within any
required front yard or required exterior side yard of a Residential Zone,
provided the boat, trailer, motor home, travel trailer or recreational vehicle
is licensed and owned by the occupant of the lot and it does not cause the
number of parking spaces required under Section 7 to be deficient and at
no time shall such vehicle be parked in a visibility triangle.
4.6
PARKING GARAGE AS A MAIN USE
Where a parking structure constitutes a principal use on a lot, such structure shall
conform to the setback requirements of the zone in which it is located.
4.7
LOADING PROVISIONS
Where loading spaces or docks are provided on a lot, sufficient space shall be
provided on the same lot for the maneuvering of vehicles using the loading spaces or
docks. Such maneuvering space shall not utilize any parking space required by this
By-law. Loading spaces within a Commercial Zone shall not be located within 3
metres of a Residential Zone or an Institutional Zone and loading spaces within an
Industrial Zone shall not be located within 6 metres of a Residential Zone or an
Institutional Zone.
Loading spaces shall not be permitted between a building and a street. Where
a lot has a frontage of less than 45.5 metres, and is not a through lot, all loading shall
take place between the building and the rear lot line. Where a lot is a through lot,
loading and unloading shall take place anywhere on the lot except between a building
and a Highway or arterial road. Where loading spaces are visible from the streetline,
screening features shall be provided.
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 113
SECTION 5 - AGRICULTURAL ZONE
No land shall be used, no buildings or structures shall be erected and no lot shall be
altered in the Agricultural Zones except in accordance with the applicable General
Provisions (Section 3.0) and Parking and Loading Requirements (Section 4.0) and the
following:
5.1
List of Applicable Zones
Agricultural Zones
ZONE
SYMBOL
Agricultural Zone
A
5.2
Permitted Uses
Uses permitted in the Agricultural Zones are identified with a "-" in the column
applicable to that zone and corresponding with the row for a specific permitted use in
Table 5.2 - Permitted Uses. Where an "E" is identified in the column, only uses which
legally existed on the date of passing of this By-law shall be permitted. Where the letter
"A" is identified, the use is only permitted as accessory to another permitted use. All
permitted uses shall be subject to the applicable zone regulations provided in Section
5.3 and the General Provisions provided in Section 3.0, where applicable.
Table 5.2 - Permitted Uses
Uses
A
Residential Uses
Home-Based Business
(refer to Section 3.18)
A
Secondary residential units
(refer to Section 3.32)
A
Single detached dwelling
-
Agricultural Uses
Agricultural use
-
On-farm diversified use
(refer to Section 3.3)
A
Agricultural-related use
(refer to Section 3.3)
A
Agri-tourism use
(refer to Section 3.3)
A
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 114
Uses
A
Agricultural Research Accessory to an
Agricultural use
-
Cannabis Production Facility
(refer to Section 3.3)
-
Conservation use, save and except any
buildings
-
Farm Labour Housing
(refer to Section 3.3)
A
Greenhouse
-
Commercial Uses
Bed & Breakfasts
A
Home for Special Care
-
Kennel
A
Private home daycare
(refer to Section 3.28)
A
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 115
5.3
Zone Regulations
The following zone regulations identified in Table 5.3 shall apply to the respective
Agricultural Zones.
Table 5.3 - Zone Regulations
Zone
Regulations
Agricultural
Greenhouses/
Agricultural
Produce
Warehouse
and/or
Shipping
Kennel
Single
Detached
Dwelling/Home
for Special
Care/Bed &
Breakfast/Farm
Labour
Housing (1)
All Other
Uses
Minimum Lot
Area
16.2 ha except
that no
minimum lot
area is
required for
conservation
use
2 ha
6 ha
4,000 sq.m
3.2 ha
Minimum Lot
Frontage
100 m, except
that no
minimum lot
frontage is
required for
conservation
use
60 m
100 m
45 m
50 m
Minimum
Front Yard
15 m
15 m
100 m
from the
edge of a
building or
pen
15 m
15 m
Minimum
Interior Side
Yard
6 m, except
that where the
interior side
yard abuts a
Residential
Zone, 15 m is
required
6 m, except
that where the
yard abuts a
Residential
Zone or
residential use,
15 m is
required;
25 m from
the edge
of a
building or
pen
3 m
15 m
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 116
that where
ventilating fans
exhaust into
the yard facing
the Residential
Zone or
residential use,
25 m is
required;
that if the
existing
residential use
is greater than
409 metres
from the yard
in which
ventilating fans
are exhausted,
15 m is
required
15 m for
Agricultural
Produce
Warehouse
and/or
Shipping
Minimum
Exterior
Side Yard
15 m
15 m
100 m
from the
edge of a
building or
pen
15 m
15 m
Minimum
Rear Yard
15 m
6 m, except
that where the
yard abuts a
Residential
Zone or
residential use,
15 m is
required;
that where
ventilating fans
50 m from
the edge
of a
building or
pen
15 m
15 m
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 117
exhaust into
the yard facing
the Residential
Zone or
residential use,
25 m is
required;
that if the
existing
residential use
is greater than
409 metres
from the yard
in which
ventilating fans
are exhausted,
15 m is
required
15 m for
Agricultural
Produce
Warehouse
and/or
Shipping
Maximum
Gross Floor
Area
For
Agricultural
Produce
Processing:
500 sq. m.,
which may
include a retail
floor area of
10% of the
gross floor
area
15% of the
gross floor
area of the
greenhouse
200 sq. m
N/A
500 sq. m.,
which may
include a
maximum
combined
retail and
hospitality
room floor
area of
200 sq. m.
Maximum
Building
Height
12.5 m
11 m
11 m
12.5 m
12.5 m
Minimum
Dwelling
Unit Area
N/A
N/A
N/A
N/A
N/A
Maximum Lot N/A
N/A
N/A
15%
N/A
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 118
Coverage
Outside
Storage
N/A
N/A
N/A
N/A
See (2,3)
Notes:
1. Single detached dwellings connected to municipal water and sanitary sewers
including accessory buildings and structures shall be subject to the R1 Zone
regulations in section 6.3.
2. Outside operations and storage of goods and materials including refuse
containers, shall only be permitted to the rear of the building and must be
located outside of the required exterior side yard, required interior side yard
and required rear yard.
3. Outside operations and storage of goods and materials are to be fully screened
from view of adjacent properties by means of fencing and/or landscaping
features.
5.4
Zone Exceptions
In accordance with subsection 5.2, the following zone exceptions shall apply to those
lands shown on the zoning schedules as having reference to the corresponding zone
exceptions number:
5.4.1 A-1 (AGRICULTURAL RESEARCH) Roll #s 040-005-01100, 040-005-02200,
030-006-03900, 040-004-02600
Notwithstanding the provisions of the Agricultural (A) Zone, in addition to the permitted
uses of the Agricultural Zone, the lands indicated as A-1 on Schedule 'A' may also be
used for agricultural research in accordance with the provisions of subsection 9.3.
5.4.2 A-2 (SIDE YARD) Roll # 040-015-00200
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-2 on
Schedule 'A5' shall be subject to the following provision:
(a) Minimum Interior Side Yard
Setback for all General
Agricultural Buildings
-
9.1 metres.
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 119
5.4.3 A-3 (APO) Roll #'s 040-011-19100, 030-008-32200, 040-017-44300, 040-011-
04205, 030-008-35605, 040-017-23935, 020-019-00825, 030-008-45010, 040-017-
39110, 040-011-07303, 040-011-37410, 040-017-37910, 040-004-04900, 040-017-
23801, 040-017-37800, 030-008-37900, pt of Roll # 030-008-10900 (no new Roll #)
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-3 on
any Schedule of this By-law shall not be used for any type of residential use.
5.4.4 A-4 (POULTRY PROCESSING) Roll # pt 020-019-04705
Notwithstanding the provisions of the Agricultural Zone, in addition to the uses permitted
in the Agricultural Zone, lands indicated as A-4 on Schedule 'A' may also be used for
poultry processing and the slaughtering of poultry and shall be subject to the following
provisions:
(a) Minimum Side Yard Setback
-
6.1 metres
(b) The regulations of Section 8 shall apply thereto, with the exception of subsection
5.4.4(a)
5.4.5 A-5 (SEPARATION REQUIREMENT) Roll # 040-017-39800
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-5 on
Schedule 'A' shall be subject to the following provision:
(a) Minimum Setback between any
Existing Residence on Adjacent
Lands and the Intensive Animal
Barn
-
114.6 metres.
5.4.6 A-6 (MOBILE HOME PARK) Roll # 010-003-23500
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-6 on Schedule 'A' may also be used
for residential mobile home park and shall be subject to the following provisions:
(a) Minimum Lot Frontage
-
90 metres
(b) Minimum Lot Area
-
2 hectares
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 120
(c) Minimum Front Yard
-
9 metres
(d) Minimum Exterior Side Yard
-
9 metres
(e) Minimum Interior Side Yard
-
6 metres
(f) Minimum Rear Yard
-
9 metres
(g) Minimum Landscaped Open
Space
-
10%
(h) Maximum Lot Coverage
-
30%
(i) Maximum Height
-
12.5 metres
(j) Minimum Dwelling Unit Area
-
47 square metres.
5.4.7 A-7 (MANUFACTURING OF GREENHOUSE COMPONENTS) Roll # pt 040-005-
11501
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-7 on Schedule 'A', may also be used
for the manufacturing of greenhouse components and wire cages for the purpose of
transporting fruit and the incidental sale of those products, and shall be subject to the
following provisions:
(a) Parking
-
1 space/employee
(b) Outside Storage
(i)
Location
(ii) Minimum Setback
-
-
permitted in the rear yard only, provided it is
screened on all sides
4.6 metres from extent of the A-7 Zoned
area.
5.4.8 A-8 (AGRICULTURE RELATED USES) Roll # 030-008-32700
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 121
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-8 on Schedule 'A' may also be used
for an agricultural produce warehouse and/or shipping use, a farm produce outlet, a
farm service and supply establishment and a winery and shall be subject to the
following provisions:
(a) For Existing Buildings and Structures an "as existing" setback shall be provided
for the Yards abutting the QEW South Service Road
(b) Maximum Lot Coverage
-
30%
(c) Maximum Gross Floor Area for
a Farm Produce Outlet
-
200 square metres
(d) Maximum Gross Floor Area for
a Winery Retail and Hospitality
Room
-
200 square metres
(e) Outside Storage
-
Prohibited in any yard that abuts the
QEW South Service Road. Outside
storage and materials, including refuse
containers and materials, are to be fully
screened from view of adjacent streets by
means of fencing and/or landscape
features.
(f) The regulations of Section 8 shall apply thereto with the exception of subsections
5.4.8(a) through (e).
5.4.9 A-9 (SETBACKS) Roll # (no new Roll #)
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-9 on
Schedule 'A6' shall be subject to the following provisions:
(a) Minimum Front Yard and
Exterior Side Yard
-
7.5 metres
(b) Minimum Setback from
Environmental Conservation
-
7.5 metres.
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 122
Zone for Single Detached
Dwellings and all other structural
development including but not
limited to Swimming Pools,
Sheds, or other Accessory
Structures, Decks, Gazebos,
etc.
5.4.10 A-10 (SETBACKS) Roll # 030-006-04900
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-10 on
Schedule 'A' shall be subject to the following provisions:
(a) Minimum Setback Between
Existing Agricultural Storage
Building and Northerly Property
Line
-
3.6 metres
(b) Minimum Setback Between
Existing Agricultural Storage
Building and Southerly Property
Line
-
6.1 metres
(c) Minimum Setback Between
Existing Agricultural Storage
Building and Southerly Property
Line
-
6 metres.
5.4.11 A-11 (SIDE YARD) Roll # 040-005-21000
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-11 on
Schedule 'A' shall be subject to the following provision:
(a) Minimum Setback Between
Existing Barn and Northerly Side
Yard
-
8.2 metres.
5.4.12 A-12 (SETBACKS) Roll # 030-006-11100
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 123
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-12 on
Schedule 'A' shall be subject to the following provisions:
(a) Minimum Setback Between
Existing Agricultural Storage
Building and the Westerly
Property Line
-
0.8 metres
(b) Minimum Lot Frontage
-
20.1 metres.
5.4.13 A-13 (SETBACKS) - Roll #040-011-15300
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-13 on
Schedule 'A' shall be subject to the following provisions:
(a) Minimum Front Yard Setback
Abutting Haynes Street
-
25 metres
(b) Minimum Interior Side Yard and
Rear Yard Setback
-
15 metres
(c) Minimum Landscaped Open
Space
-
10%
(d) Outside Storage
-
Prohibited.
5.4.14 A-14 (BLED HALL) Roll # 010-002-25000
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-14 on Schedule 'A' may be used as a
private club.
5.4.15 A-15 (ESTATE WINERY) Roll # Part 040-005-10100
Notwithstanding the provisions of the Agricultural Zone, in addition to the uses permitted
in the Agricultural Zone, the lands indicated as A-15 on Schedule 'A' may also be used
for an Estate Winery, subject to the following provisions:
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 124
(a) Maximum Gross Floor Area for
an Estate Winery
-
2,600 square metres
(b) Maximum Gross Floor Area for
Retail Sales and Hospitality
Structure in Conjunction with an
Estate Winery
-
56 square metres.
5.4.16 A-16 (NIPPONIA HOME) Roll # 020-001-07400
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-16 on Schedule 'A' May also be used
for a home for the aged.
5.4.17 A-17 (LEGION) Roll # 020-001-31700
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-17 on Schedule 'A' may also be used
for a private club.
5.4.18 A-18 (ABBATTOIR AND MEAT PACKING) Roll # part of 020-019-47200
5.4.18.1
Notwithstanding the provisions of Subsection 3.41(a)(iv) and the provisions of the
Agricultural Zone, in addition to the permitted uses of the Agricultural Zone, the lands
indicated as A-18 on Schedule 'A' may also be used for the following uses:
(a)
Abattoir
(b)
Meat Packing Plant
5.4.18.2
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-18 on
Schedule 'A' shall be subject to the following provision:
(a)
Maximum Combined Gross
Floor Area for an Abattoir and
for a Meat Packing Plant
- 1,030 square metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 125
5.4.19 A-19 (SETBACKS) Roll # 020-017-39400
Notwithstanding the provision of the Agricultural Zone, the lands indicated as A-19 on
Schedule 'A' shall be subject to the following provision:
(a) Minimum Front Yard for a Single
Detached Dwelling
-
7.5 metres.
5.4.20 A-20 (GOLF COURSE) Roll # 040-017-06800
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-20 on Schedule 'A' may also be used
for a golf course.
5.4.21 A-21 (EXTERIOR SIDE YARD) Roll # 010-003-24000
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-21 on
Schedule 'A' shall be subject to the following provision:
(a) Minimum Exterior Side Yard for
a Single Detached Dwelling
-
3.4 metres.
5.4.22 A-22 (FARM PRODUCE OUTLETS) Roll # pt 040-005-17700, pt 040-011-17000
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-22 on Schedule 'A' may also be used
for a Farm Produce Outlet and shall be subject to the following provisions:
(a) Minimum Front Yard
-
15 metres
(b) Minimum Exterior Side Yard
-
15 metres
(c) Minimum Rear Yard
-
15 metres
(d) Minimum Interior Side Yard
-
15 metres
(e) Maximum Lot Coverage
-
10%
(f) Maximum Building Height
-
12.5 metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 126
(g) Maximum Gross Floor Area
-
560 square metres
(h) Maximum Retail Floor Area
-
200 square metres
(i) Parking
-
1 space/30 square metres
(j) Parking Area Setback from
Streetline
-
3 metres.
5.4.23 A-23 (LOT FRONTAGE) Roll # 020-001-04400
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-23 on
Schedule 'A' shall be subject to the following provision:
(a) Minimum Lot Frontage
-
15 metres.
5.4.24 A-24 (ESTATE WINERY) Roll #040-004-22200
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-24 on Schedule 'A' may also be used
for an Estate Winery, subject to the following provisions:
(a) Maximum Gross Floor Area for
an Estate Winery
-
665 square metres
(b) Maximum Gross Floor Area for
Retail Sales and Hospitality
Room Combined Within an
Estate Winery
-
307 square metres.
5.4.25 A-25 (RETAIL USE) Roll # 040-015-08400
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-25 on
Schedule 'A' shall be subject to the following provisions:
(a) Maximum Gross Floor Area for
an Indoor Retail Use Accessory
a Greenhouse
-
90 square metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 127
(b) Maximum area of an Outdoor
Retail Use Accessory to a
Greenhouse
-
610 square metres
(c)
Minimum Front Yard for an
Outdoor Retail Use Accessory
to a Greenhouse
-
4.8 metres.
(d) For the purposes of subsections 5.4.25(b) and 5.4.25(c), an outdoor retail use
shall mean an area that is not more than 50% enclosed by walls or a roof and that
is devoted to the retail sale of greenhouse products.
5.4.26 A-26 (SEWAGE PUMPING STATION) Roll #'s 010-002-14400 & pt of 040-005-
14401
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-26 on Schedule 'A' may also be used
for a Sewage Pumping Station.
5.4.27 A-27 (SIDE YARD REQUIREMENT) Roll # 040-004-17100
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-27 on
Schedule 'A' shall be subject to the following provisions:
(a) Minimum Westerly Interior Side
Yard
-
4.5 metres.
5.4.28 A-28 (FERNDALE VINEYARDS) Roll # pt 040-011-52502
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-28 on
Schedule 'A' shall be subject to the following provisions:
(a) Maximum Gross Floor Area for
Agricultural Produce Processing
-
1,600 square metres
(b) Maximum Gross Floor Area for
Tourist/Administration Facility
-
223 square metres in addition to
subsection 5.4.28(a).
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 128
5.4.29 A-29 (ESTATE WINERY) Roll #s 020-001-05600 & 020-001-05601
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-29 on Schedule 'A' may also be used
for an estate winery and shall be subject to the following provisions:
(a) Maximum Combined Gross
Floor Area for an Estate Winery
-
1,720 square metres
(b) Maximum Combined Gross
Floor Area for Retail Sales and
Hospitality Room Within an
Estate Winery
-
235 square metres
(c)
Minimum Lot Frontage on Thirty
Road
-
90 metres
(d) Minimum Easterly Interior Side
Yard Setback for an Existing
Building
-
2 metres
(e) Minimum Westerly Interior Side
Yard Setback
-
10 metres
(f)
Maximum Number of Guest
Rooms within a Bed and
Breakfast Establishment
-
5 guest rooms.
5.4.30 A-30 (MUNICIPAL SPORTS PARK) Roll # 020-019-40500
Notwithstanding the provisions of the Agricultural Zone, in addition to the uses permitted
in the Agricultural Zone, the lands indicated as A-30 on Schedule 'A' may also be used
for a Public Park in accordance with the following provisions:
(a) The provisions of subsection 10.3 shall apply for the Public Park;
(b) The provisions of subsection 5.3 shall apply for any other permitted use in the
Agricultural (A) Zone.
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 129
5.4.31 A-31 (FRONT YARD) Roll # 010-002-18600, 010-002-18700, 010-002-18701
Notwithstanding the provisions of Section 5 of the Agricultural Zone, a single detached
dwelling and a farm help house on the lands indicated as A-31 on Schedule 'A1' shall
be subject to the following provisions:
(a) Minimum Front Yard for an
Existing Dwelling
-
3 metres
(b) Minimum Front Yard for a Farm
Help House
-
10 metres.
5.4.32 A-32 (SIDE YARD SETBACK) No New Roll #
Notwithstanding the provisions of Subsection 5.3 of the Agricultural Zone a single
detached dwelling on the lands indicated as A-32 on Schedule 'A' shall be subject to the
following provision:
(a) Minimum Northerly Interior Side
Yard
-
1.4 metres.
5.4.33 A-33 (100 YEAR EROSION LIMIT) Roll #'s 020-001-00100, 010-002-16900,
010-002-16901, 020-001-05600, 020-001-05602, 020-001-07500, 020-001-07600, 020-
001-07700, 020-001-10000, 020-001-16000, 020-001-12700, 020-001-12705, 020-001-
18400, 020-001-18500, 020-001-18700, 020-001-18900, 020-001-19000, 020-001-
19100, 020-001-19200, 020-001-19300, 020-001-19301, 020-001-19402,020-001-
19500, 020-001-19501, 010-002-00300, 010-002-00400, 010-002-00500, 010-002-
04900, 010-002-07100, 010-002-07200, 010-002-14000, 010-002-14100, 010-002-
14300, 010-002-17100, 010-002-19200, 010-002-19201, 010-002-19300, 010-002-
19400, 010-002-19500, 010-002-19505, 010-002-19510, 010-002-19600, 010-002-
19605, 010-002-19610, 010-002-19615, 010-002-19700, 010-002-19800, 010-002-
19900, 010-002-20000, pt 010-002-20000, 010-002-20100, 010-002-20200, 010-002-
20300, 010-002-20305, 010-002-20400, 010-002-20601, 010-002-20700, 010-002-
21100, 010-002-21200, 010-002-21300, 010-002-21400, 010-002-21500, 010-002-
21700, 010-002-21800, 040-003-04000, 040-003-04601, 040-003-09200, 040-003-
12400, 040-003-12500, 040-003-12600, 040-003-12700, 040-003-12800, 040-003-
12900, 040-003-13000, 040-003-13100, 040-003-13200, 040-003-13300, 040-003-
13302, 040-003-13400, 040-003-13700, 040-003-13701, 040-003-13800, 040-003-
13900, 040-003-14000, 040-003-14200, 040-003-14400, 040-003-14500, 040-003-
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 130
14600, 040-003-14601, 040-003-14602, 040-003-14701, 040-003-14900, 040-003-
15000, 040-003-15002, 040-003-15100, 040-003-15200, 040-004-00300, 040-004-
04800, 040-004-06800, 040-004-11300, 040-004-11400, 040-004-11500, 040-004-
11600, 040-004-14400, 040-004-14500, 040-004-14510, 040-004-14600, 040-004-
15000, 040-004-15100, 040-004-15001, 040-004-15200, 040-004-15201, 040-004-
15300, 040-004-15400, 040-004-15500, 040-004-15600, 040-004-15700, 040-004-
15800, 040-004-15900, 040-004-16000, 040-005-00100, 040-005-00200, 040-005-
01100, 040-005-08300, 040-005-11300, 040-005-11400, 040-005-11500, 040-004-
11600, 040-005-11601, 040-005-11602, 040-005-11700, 040-005-11800, 040-005-
11900, 040-005-12000, 040-005-12100, 040-005-12200, 040-005-12300, 040-005-
12400, 040-005-12500, 004-005-12600, 040-005-12700
In addition to the provisions of the Agricultural Zone, those lands indicated as A-33 on
Schedule 'A' are located within the 100 Year Erosion Limit of Lake Ontario and therefore
the Niagara Peninsula Conservation Authority will determine the required setback from
Lake Ontario.
5.4.34 A-34 (SIDE YARD REQUIREMENT) Roll # pt 030-008-38700 (no new Roll #)
Notwithstanding the provisions of the Agricultural Zone, for an existing agricultural
building not greater than 130 square metres, the lands indicated as A-34 on Schedule
'A' shall be subject to the following provision:
(a) Minimum Westerly Interior Side
Yard
-
3.5 metres.
5.4.35 A-35 (MANUFACTURING AND OFFICE USE) Roll # 020-001-14900
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-35 on Schedule 'A' may also be used
for the following uses:
(a)
(b)
(c)
Office Use
Light Manufacturing in the Existing Building, Except Uses that Require Water in
their Process
School
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 131
(d) Sheltered Workshop
5.4.36 A-36 (SEPARATION REQUIREMENT) Roll # 010-003-23900
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-36 on
Schedule 'A' shall be subject to the following provisions:
(a) No land shall be used and no building or structure, or part thereof, shall be
erected or used for the purpose of a livestock barn or structure nearer than:
(i)
55 metres to any front lot line; and
(ii) 185 metres to any single detached dwelling located on a separate lot.
5.4.37 A-37 (LOT AREA) No New Roll #
Notwithstanding the provisions of the Agricultural Zone, a greenhouse on the lands
indicated as A-37 on Schedule 'A' shall be subject to the following provision:
(a) Minimum Lot Area
-
1.1 hectares.
5.4.38 A-38 (FARM SERVICE AND SUPPLY ESTABLISHMENT) Roll # 030-008-
22600
5.4.38.1
Notwithstanding the provisions of the Agricultural Zone and in addition to the permitted
uses of the Agricultural Zone, the lands indicated as A-38 on Schedule 'A' may also be
used for the following uses:
(a)
Agricultural produce processing
(b)
Farm service and supply establishment
(c)
Assembly of agricultural baskets and agricultural produce warehouse
and/or shipping as accessory uses to a farm service and supply
establishment.
5.4.38.2
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-38 on
Schedule 'A' shall be subject to the following provision:
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 132
(a) Maximum Combined Gross
Floor Area For All Permitted
Uses.
- 1673 square metres
5.4.39 A-39 (MANUFACTURING OF GREENHOUSE COMPONENTS) Roll # pt of
040-005-16600
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-39 on Schedule 'A' may also be used
for the manufacturing of greenhouse components and greenhouse related products and
shall be subject to the following provisions:
(a) Minimum Interior Side Yard
Abutting an Agricultural Zone
-
15 metres
(b) Minimum Landscaped Open
Space
-
30%
(c) Maximum Lot Coverage
-
20%
(d) Parking
-
1 space per employee
(e) Outside Storage
-
permitted in the rear yard only, provided it
is screened on all sides.
5.4.40 A-40 (AGRICULTURAL PRODUCE WAREHOUSE AND/OR SHIPPING) No
New Roll #
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-40 on
Schedule 'A' shall be subject to the following provisions:
(a) Maximum Gross Floor Area for
an Agricultural Produce
Warehouse and/or Shipping Use
-
7,760 square metres
(b) Minimum Landscaped Open
Space
-
10%
(c) Outside Storage
-
Prohibited.
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 133
(d) In addition to the provisions above, a portion of the lands indicated as A-40 on
Schedule 'A' are located within the 100 Year Erosion Limit of Lake Ontario and
therefore the Niagara Peninsula Conservation Authority will determine the
required setback from Lake Ontario.
5.4.41 A-41 (CUSTOM PACKAGING AND GREENHOUSE TOURISM FACILITY) Roll
#s 040-004-15201, 040-004-15100, pt 040-004-15001 and pt 040-004-06800
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-41 on Schedule 'A' may also be used
for the custom packaging of greenhouse produce for other greenhouse growers and a
greenhouse tourism facility, and shall be subject to the following provisions:
(a) Maximum Gross Floor Area for
the Greenhouse Tourism Facility
-
4,587 square metres
(b) Maximum Gross Floor Area for
the Retail Use located within the
greenhouse Tourism Facility
-
494 square metres
(c) Maximum Gross Floor Area for
the Eating Establishment
located within the Greenhouse
Tourism Facility
-
520 square metres.
5.4.42 A-42 (SETBACKS) Roll #'s pt 040-011-32200 and pt 040-011-12400
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-42 on
Schedule 'A' shall be subject to the following provisions:
(a) Maximum Gross Floor Area for
Greenhouse Structures
-
112,000 square metres
(b) Maximum Gross Floor Area for
an Office within the Greenhouse
Facility
-
1,860 square metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 134
(c) Maximum Gross Floor Area for a
Private Garage Accessory to the
Greenhouse Facility
-
752 square metres
(d) Minimum Setback Between a
Greenhouse Structure and a
Residential Dwelling Located on
a Separate Lot
-
40 metres
(e) Minimum Front Yard Abutting
Fourth Avenue for a Non-
Residential Use
-
10 metres
(f) Minimum Side Yard Abutting
Thirteenth Street for a Non-
Residential Use
-
70 metres
(g) Minimum Side Yard Abutting
Thirteenth Street for
Greenhouses
-
15 metres.
5.4.43 A-43 (POTTERY STUDIO - ARTISAN SHOP) Roll #010-003-26400
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, on the lands indicated as A-43 on Schedule 'A', an artisan shop
involving only a pottery studio within an existing building may also be permitted subject
to the following provisions:
(a) Maximum Gross Floor Area for
the Pottery Studio
-
46 square metres.
(b) The Pottery Studio shall also be subject to the Provisions of Sections 6.15 and 1.
5.4.44 A-44 (ESTATE WINERY) Roll #020-019-27200
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-44 on Schedule 'A' may also be used
for an estate winery subject to the following provision:
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 135
(a) Maximum Combined Gross
Floor Area for Retail Sales and
Hospitality Room Within an
Estate Winery
-
235 square metres.
5.4.45 A-45 (LOT FRONTAGE AND SETBACK) Roll # pt. of 030-008-33205 (no new
Roll #)
Notwithstanding the provisions of the Agricultural Zone, for a single detached dwelling,
the lands indicated as A-45 on Schedule 'A' shall be subject to the following provisions:
(a) Minimum Lot Frontage
-
26 metres
(b) Minimum Setback from Top of
Bank
-
15 metres.
5.4.46 A-46 (ESTATE WINERY) Roll# 040-011-31500
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-46 on Schedule 'A' may also be used
for an estate winery and shall be subject to the following provisions:
(a) Maximum Gross Floor Area for
an Estate Winery
-
1,100 square metres
(b) Minimum Lot Frontage
-
69 metres
(c) Minimum Lot Area
-
7 hectares.
5.4.47 A-47 (ESTATE WINERY) Roll# 030-008-19700
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-47 on Schedule 'A' may also be used
for an estate winery and shall be subject to the following provisions:
(a) Maximum Gross Floor Area for
an Estate Winery
-
1,475 square metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 136
(b) Maximum Combined Gross
Floor Area for Retail Sales,
Hospitality Room and Eating
Establishment within an Estate
Winery
-
235 square metres.
5.4.48 A-48 (LOT FRONTAGE AND LOT AREA) Roll# 040-015-08100
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-48 on Schedule 'A' shall be subject to
the following provisions:
(a) Minimum Lot Frontage
-
43 metres
(b) Minimum Lot Area
-
3,200 square metres.
5.4.49 A-49 (AGRICULTURAL PRODUCE WAREHOUSE AND/OR SHIPPING) Roll
#040-004-09800
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-49 on Schedule 'A' may also be used
for an agricultural produce warehouse and/or shipping use as an accessory use to the
agricultural operation located on the lands zoned A-49 and shall be subject to the
following provisions:
(a) Maximum Gross Floor Area for
an Agricultural Produce
Warehouse and/or Shipping Use
-
410 square metres
(b) Minimum Northerly Side Yard
for an Agricultural Produce
Warehouse and/or Shipping Use
-
3.5 metres.
5.4.50 A-50 (ESTATE WINERY) Roll# pt. of 030-006-20100
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-50 on Schedules 'A' and 'A6' may also
be used for an Estate Winery as an accessory use to the vineyard located on the lands
zoned A-50 and shall be subject to the following provisions:
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 137
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-50 on
Schedules 'A' and 'A6' shall be subject to the following provisions:
(a) Minimum Lot Area
-
3.8 hectares
(b) Maximum Gross Floor Area for
an Estate Winery
-
570 square metres
(c) Maximum Gross Floor Area for
Retail Sale and Hospitality
Room Combined as part of the
Estate Winery
-
208 square metres.
5.4.51 A-51(CULINARY SCHOOL AND CATERING USE) Roll # pt. 020-001-03500
5.4.51.1
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-51 on Schedule 'A' may also be used
for the following accessory uses to an orchard or vineyard on the lands zoned A-51:
(a) Culinary school and catering use
(b) Outdoor patio area
(c) Guest rooms
(d) Banquet facility
5.4.51.2
Notwithstanding the provisions of the Agricultural Zone, a Culinary School and Catering
Use, Outdoor Patio Area, Guest Rooms and Banquet Facility shall be subject to the
following provisions:
(a) Minimum Setback from Lincoln
Avenue
-
50 metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 138
(b) Minimum Setback from an
Environmental Conservation
Zone
-
1 metre
(c) Maximum Number of Guest
Rooms
-
6
(d) Maximum Combined Gross
Floor Area for a Culinary School
and Catering Use, Guest Rooms
and Banquet Facility
-
835 square metres, which may include a
maximum floor area of 235 square metres
for a banquet facility
(e) Maximum Gross Floor Area for
an Outdoor Patio
-
200 square metres
(f) Minimum Parking Requirement
-
17 spaces.
5.4.52 A-52 (POULTRY CREW CENTRE) Roll # 020-019-17620
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-52 on Schedule 'A' may also be used
for a poultry crew center and shall be subject to the following provisions:
(a) Definition:
POULTRY CREW CENTRE means the use of land, buildings or structures
wherein facilities are provided for persons employed in the maintenance of poultry
flocks and wherein in vehicles and equipment used in the maintenance of poultry
flocks may be parked and stored.
(b) Outside Storage
-
Permitted in the rear yard only
(c) Minimum Setback Between all
Buildings and Structures and the
Southerly Property Line
Common with a Natural Gas
Pipeline Corridor
-
10 metres.
5.4.53 A-53 (LOT FRONTAGE) Roll # 030-006-18802 & 030-006-18810
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 139
Notwithstanding the provisions of Subsection 5.3 of the Agricultural Zone, a single
detached dwelling on the lands indicated as A-53 on Schedule 'A' shall be subject to the
following provision:
(a) Minimum Lot Frontage
-
35 metres.
5.4.54 A-54 (ESTATE WINERY, BAKERY AND BED AND BREAKFAST
ESTABLISHMENT) Roll # 030-008-22500
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-54 on Schedule 'A' may also be used
for an Estate Winery and a Bakery and shall be subject to the following provisions:
(a) Maximum Gross Floor Area for
an Estate Winery
-
436 square metres
(b) Maximum Combined Gross
Floor Area for Retail Sales,
Hospitality Room and Eating
Establishment within an Estate
Winery
-
235 square metres
(c) Maximum Combines Gross
Floor Area for Bakery and a
Retail Area
-
110 square metres
(d) Maximum Number of Guest
Rooms Within a Bed and
Breakfast Establishment
-
6.
5.4.55 A-55 (APO AND SIDEYARD) No New Roll #
Notwithstanding the provisions of the Agricultural Zone, the use of the lands indicated
as A-55 on Schedule 'A' shall not be used for any type of residential use and shall be
subject to the following provisions:
(a) Minimum Setback between
Existing Agricultural Storage
-
3.9 metres.
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 140
Building and Westerly Property
Line
5.4.56 A-56 (ESTATE WINERY) Roll # 040-004-24700
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-56 on Schedule 'A' may also be used
for an Estate Winery and shall be subject to the following provisions.
(a) Maximum Gross Floor Area for
An Estate winery
-
600 square metres
(b) Maximum Combined Gross
Floor Area for Retail Sales and
Hospitality Room
-
325 square metres.
5.4.57 A-57 (ESTATE WINERY) Roll # 030-008-21205
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated in A-57 on Schedule 'A' may also be used
for an Estate Winery and shall be subject to the following provisions.
(a) Maximum Gross Floor Area for
An Estate winery
-
975 square metres
(b) Maximum Combined Gross
Floor Area for Retail Sales and
Hospitality Room
-
235 square metres
(c)
Minimum Northerly Interior Side
Yard
-
4 metres.
5.4.58 A-58 (HOME-BASED BUSINESS) Roll # 040-017-15300
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-58 on Schedule 'A' may also be used
for a home-based business involving a carpentry shop and office and shall be subject to
the following provisions.
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 141
(a) Maximum Gross Floor Area for
Home-Based Business
-
409 square metres
(b) The Home-Based Business shall also be subject to the Provisions of Section 3.18
and 1.
5.4.59 A-59 (ESTATE WINERY) Roll # 010-003-25300
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-59 on Schedule 'A' may also be used
for an Estate Winery and accessory Amphitheatre and shall be subject to the following
provisions:
(a) Maximum Gross Floor Area for
an Estate Winery
-
1,498 square metres
(b) Maximum Combined Gross
Floor Area for Retail Sales,
Hospitality Room and Eating
Establishment within an Estate
Winery
-
413 square metres
(c)
Maximum Seating Capacity of
the Amphitheatre
-
400 seats.
5.4.60 A-60 (MICRO-BREWERY) Roll # 030-008-03200
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-60 on Schedule 'A' may also be used
for a Micro-Brewery and shall be subject to the following provisions:
(a) Minimum Lot Frontage
-
80 metres
(b) Minimum Lot Area
-
3.2 hectares
(c)
Minimum Yard Requirements
(i) Front Yard for an existing
building
-
12 metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 142
(ii) Exterior Side Yard for an
existing building
-
11 metres
(iii) Rear Yard for an existing
building
-
4 metres
(d) Maximum Gross Floor Area for a
Micro-Brewery
-
1,725 square metres
(e) Maximum Combined Gross
Floor Area for Retail Sales and
Hospitality Room
-
530 square metres.
5.4.61 A-61 (WINERY, MICRO-BREWERY AND BED & BREAKFAST) Roll # 030-008-
03200
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-61 on Schedule 'A' may also be used
for a Winery, Micro-Brewery and shall be subject to the following provisions:
(a) Maximum Gross Floor Area for a
Winery/Micro-Brewery
-
605 square metres
(b) Maximum Gross Floor Area for a
Banquet Facility
-
235 square metres
(c) Maximum Gross Floor Area for
Retail Sales and Hospitality
-
200 square metres
(d) Maximum Bedrooms in a Bed &
Breakfast Establishment
-
4.
5.4.62 A-62 (LOT FRONTAGE) Roll # 040-017-39300
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-62 in
Schedule 'A' shall be subject to the following provision:
(a) Minimum Lot Frontage
-
35 metres.
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 143
5.4.63 A-63 (GREENHOUSE WITH ASSOCIATED PARTS STORAGE, ASSEMBLY
AND DISTRIBUTION) Roll # 030-008-35000
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-63 on Schedule 'A' may also be used
for a greenhouse, with minor assembly and storage of greenhouse parts and associated
distribution and shall be subject to the following provision:
(a) Maximum Gross Floor Area for
greenhouse parts assembly,
storage and distribution within
the greenhouse floor space
-
6% of the gross floor area of the
greenhouse up to a maximum floor area of
3,625 square metres.
5.4.64 A-64 (ESTATE WINERY) Roll # 010-002-07200
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-64 on Schedule 'A' may also be used
for an Estate Winery and shall be subject to the following provisions:
(a)
(b)
Maximum Gross Floor Area for
an Estate Winery
Maximum Combined Gross
Floor Area for Retail Sales,
Hospitality Room and Eating
Establishment within an Estate
Winery
-
-
645 square metres
255 square metres.
5.4.65 A-65 (ESTATE WINERY) Roll #'s 010-002-14300 and 010-002-14500
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-65 on Schedule 'A' may also be used
for an Estate Winery and shall be subject to the following provisions:
(a) Food Preparation Building:
(i) Front Yard Setback
-
6.1 metres
(ii) Maximum Gross Floor Area
-
75 square metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 144
(b) Maximum Combined Gross
Floor Area for Hospitality Room
and Wine Tasting Area
-
275 square metres
(c)
Accessory Building for the
Accommodation of all Other
Uses Associated with the Winery
-
1,845 square metres.
5.4.66 A-66 (AGRICULTURAL CULTIVATION FLOORING & EQUIPMENT STORAGE)
Roll #'s 030-006-07200
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-66 on Schedule 'A' may also be used
for Agricultural Cultivation Flooring and Equipment Storage as a main use and shall be
subject to the following provisions:
(a) Minimum Lot Frontage
-
35 metres
(b) Minimum Front Yard Setback for
Single Detached Dwelling
-
9.74 metres
(c)
Minimum Interior Side Yard
Setback for Single Detached
Dwelling
-
1.95 metres
(d) Minimum Landscaped Open
Space
-
57%
(e) Minimum Interior Side Yard
Setback for the Agricultural
Cultivation Flooring and
Equipment Storage
-
6 metres
(f)
Minimum Rear Yard Setback for
the Agricultural Cultivation
Flooring and Equipment Storage
-
6 metres.
5.4.67 A-67 (AGRICULTURE PRODUCE PROCESSING FACILITY) Roll #'s 020-001-
16900
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 145
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-67 on Schedule 'A' may also be used
for an Agriculture Produce Processing facility as a main use and shall be subject to the
following provision:
(a) Maximum Gross Floor Area for
an Agriculture Produce
Processing Facility
-
6,606 square metres.
5.4.68 A-68 (ON-FARM DIVERSIFICATION USES) Roll #'s 030-006-12700
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-68 on Schedule 'A' may also be used
for the wholesale use of landscape materials as an on-farm diversified use, accessory
to a principal nursery farm and/or greenhouse, in accordance with the provisions of
subsection 5.3 and shall be subject to the following provisions:
(a) Maximum Gross Floor Area for
an Indoor Wholesale Use
Accessory to a
Nursery/Greenhouse
-
457 square metres
(b) Maximum Gross Floor Area for
an Outdoor Wholesale Use
Accessory to a
Nursery/Greenhouse
-
10,900 square metres
(c)
Minimum Setback to Northerly
Property Line
-
15 metres
(d) Minimum Setback to Easterly
Property Line
-
50 metres
(e) Minimum Setback to Westerly
Victoria Avenue Streetline
-
100 metres
(f)
Minimum Setback to Southerly
Property Line
-
160 metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 146
(g) Outside Storage
-
Must be located within setback
requirements. Outside operations and
storage of goods and materials are to be
fully screened from view of adjacent
streets and properties by means of
fencing and/or landscape features.
5.4.69 A-69 (APO WITH OFFICE AND FARM HELPHOUSE)
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-69 on
Schedule A of this by-law shall only be used for:
(a) Agricultural Purposes Only
(b) Existing Farm Helphouse and additions thereto
(c) Existing Office and additions thereto.
5.4.70 A-70 (SETBACK FROM NINTH STREET FOR GREENHOUSES)
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-70 on
Schedule 'A' shall be subject to the following provisions:
(a) Minimum Side Yard Setback
from Ninth Street for
Greenhouses
-
0 metres.
5.4.71 A-71 (FARM PRODUCE OUTLET)
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-70 on Schedule 'A' may also be used
for a Farm Produce Outlet and Banquet Facility and shall be subject to the following
provisions:
(a) Minimum Front Yard
-
15 metres
(b) Minimum Exterior Side Yard
-
15 metres
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 147
(c) Minimum Rear Yard
-
15 metres
(d) Minimum Interior Side Yard
-
15 metres
(e) Maximum Lot Coverage
-
10%
(f) Maximum Building Height
-
12.5 metres
(g) Maximum Gross Floor Area for
the Farm Produce Outlet
-
560 square metres
(h) Maximum Retail Floor Area
-
200 square metres
(i)
Maximum Gross Floor Area for
the Banquet Facility
-
517 square metres
(j) Parking
-
1 space/30 square metres
(k)
Parking Area Setback from
Streetline
-
3 metres
(l)
2-Way Parking Aisle Width
-
3.9 metres.
5.4.72 A-72 (AGRICULTURE RELATED USE)
Notwithstanding the provisions of the Agricultural Zone, in addition to the permitted uses
of the Agricultural Zone, the lands indicated as A-72 on Schedule 'A' may also be used
for an Agricultural Warehouse consisting of produce storage and distribution centre
including ancillary office and grower services uses and shall be subject to the following
provision:
(a) Maximum Gross Floor Area for
an Agricultural
Warehouse/Distribution Centre
Including Office and Grower
Services Uses
-
8,662 square metres.
5.4.73 A-73 (YARDS) Roll #'s 030-008-29500, 030-008-29401, 030 008 29600,030-
008-296-01
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 148
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-73 on
Schedule 'A' shall be subject to the following provisions:
(a) Minimum Lot Area
-
0.6 hectares
(b) Minimum Front Yard
-
30 metres
(c) Minimum Interior Side Yard
-
3 metres
(d) Minimum Setback from the
Nearest Point of the Newly
Constructed Top of Bank to the
Nearest Structure
-
10 metres.
5.4.74 A-74 (LOT AREA AND 100 YEAR EROSION LIMIT) Roll #'s 030-008-06000 to
030-008-07200, 030-008-28400 to 030-008-28404, 030-008-28700 to 030-008-28703,
030-008-28800, 030-008-28802, 030-008-28900 to 030-008-28902, 030-008-29000 to
030-008-29400, 030-008-29700 to 030-008-29702, 030-008-29800 to 030-008-29802,
030-008-29900 to 030-008-29901
Notwithstanding the provisions of the Agricultural Zone, those lands indicated as A-74
on Schedule 'A' shall be subject to the following provisions:
(a) Minimum Lot Area
-
0.6 hectares.
A portion of the lands zoned A-74 are located within the 100 Year Erosion Limit of Lake
Ontario and therefore the Niagara Peninsula Conservation Authority will determine the
required setback from Lake Ontario.
5.4.75 A-75 (LOT AREA) Roll #'s 030-008-31000, 030-008-31100
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-75 on
Schedule 'A' shall be subject to the following provision:
(a) Minimum Lot Area
-
0.37 hectares.
5.4.76 A-76 (MINIMUM DWELLING UNIT AREA) no new roll #
SECTION 5
AGRICULTURAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 149
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-76 on
Schedule 'A' shall be subject to the following provision:
(a) Minimum Dwelling Unit Area
-
100 square metres.
5.4.77 A-77 (INDOOR CAT BOARDING FACILITY) Roll # 040-017-05000
Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-77 on
Schedule 'A' may also be used for an Indoor Cat Boarding Facility, subject to the
following provisions:
(a) Maximum Gross Floor Area for
Indoor Cat Boarding Facility
-
22 square metres.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 150
SECTION 6 - RESIDENTIAL ZONES
No land shall be used, no buildings or structures shall be erected and no lot shall be
altered in the Residential Zones except in accordance with the applicable General
Provisions (Section 3.0) and Parking and Loading Requirements (Section 4.0) and the
following:
6.1
List of Applicable Zones
Residential Zones
ZONE
SYMBOL
Hamlet Residential
HR
Residential 1
R1
Residential 2
R2
Residential Multiple 1
RM1
Residential Multiple 2
RM2
Residential Multiple 3
RM3
6.2
Permitted Uses
Uses permitted in the Residential Zones are identified with a "-" in the column
applicable to that zone and corresponding with the row for a specific permitted use in
Table 6.2 - Permitted Uses. Where an "E" is identified in the column, only uses which
legally existed on the date of passing of this By-law shall be permitted. Where the letter
"A" is identified, the use is only permitted as accessory to another permitted use. All
permitted uses shall be subject to the applicable zone regulations provided in Section
6.3 and the General Provisions provided in Section 3.0, where applicable.
Table 6.2 - Permitted Uses
Uses
HR
R1
R2
RM1
RM2
RM3
Single detached
dwelling
-
-
-
E
E
E
Semi-detached
dwelling
-
Duplex dwelling
-
Triplex
-
Fourplex
-
Stacked Townhouse
dwelling
-
-
Block Townhouse
dwelling
-
-
-
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 151
Uses
HR
R1
R2
RM1
RM2
RM3
Back-to-Back
Townhouse dwelling
-
-
Street Townhouse
dwelling
-
Apartment dwelling
-
-
Live-Work dwelling
-
Bed and breakfast
establishment (1)
-
-
-
Home for Special Care
(1)
-
-
-
-
-
-
Home-based business
(1)
A
A
A
A
Long-term care home
including accessory
dwelling units
-
-
-
Private home daycare
A
A
A
A
A
A
Retirement home
including accessory
dwelling units
-
-
Notes:
1. Subject to specific use provisions contained in the General Provisions of this By-
law.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 152
6.3
Zone Regulations
The following zone regulations identified in Table 6.3a shall apply to the respective
Residential Zones.
Table 6.3a - Zone Regulations
Zone
Regulations
HR
R1
R2
Single
detached
Semi
Detached
Duplex
Minimum Lot
Frontage
45 m
15 m for an
interior lot
and 18 m for
a corner lot
12 m for an
interior lot
and 15 m for
a corner lot
18 m for an
interior lot
and 23 m for
a corner lot
18 m for an
interior lot
and 21 m for
a corner lot
Minimum Lot
Area
4,000
sq. m.
425 sq.m
375 sq. m.
600 sq. m.
600 sq. m.
Minimum lot
frontage per
dwelling unit
N/A
N/A
N/A
9 m for an
interior lot,
and 12 m for
a corner lot
N/A
Minimum
Front Yard
15 m
6 m
6 m
6 m
6 m
Minimum
Interior Side
Yard
3 m
1.2 m (1)
1.2 m (1)
(2)1.2 m on
each side
except that
where no
attached
garage is
provided, the
minimum
side yard on
one side
shall be 3 m
1.2 m (1)
Minimum
Exterior Side
Yard
15 m
3 m, where
an entrance
to a garage
faces an
exterior side
yard, the
minimum
exterior side
yard for the
garage shall
be 6 m
2 m, where
an entrance
to a garage
faces an
exterior side
yard, the
minimum
exterior side
yard for the
garage shall
be 6 m
2 m, where
an entrance
to a garage
faces an
exterior side
yard, the
minimum
exterior side
yard for the
garage shall
be 6 m
2 m, where
an entrance
to a garage
faces an
exterior side
yard, the
minimum
exterior side
yard for the
garage shall
be 6 m
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 153
Zone
Regulations
HR
R1
R2
Single
detached
Semi
Detached
Duplex
Minimum
Rear Yard
15 m
7.5 m
7.5 m
7.5 m
7.5 m
Maximum Lot
Coverage
15%
40%
45%
45%
45%
Maximum
Building
Height
12.5 m
12.5 m
12.5 m
12.5 m
12.5 m
Notes:
1. Except:
a) Where there is an attached one storey garage the minimum side yard
adjacent to the garage shall be 0.9 metres; and
b) Where no attached garage is provided, the minimum side yard on one side
shall be 3 metres.
2. No interior side yard is required for a semi-detached dwelling between the
common vertical wall dividing one unit from another.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 154
The following zone regulations identified in Table 6.3b shall apply to the respective
Residential Zones.
Table 6.3b - Zone Regulations
Zone
Regulations
RM1/RM2/RM3
Triplex
Fourplex
Townhouse
Street
Block
Stacked
Back-to-back
Minimum
Lot Area
600 sq. m.
800 sq.
m.
See
below
See
below
See
below
See below
Minimum
Lot Area
Per
Dwelling
Unit
200 sq. m.
200 sq.
m.
200 sq.
m. for
interior
lot and
300 sq.
m. for
corner
lot
250 sq.
m.
250 sq.
m.
250 sq. m.
Minimum
Lot
Frontage
20 m
24 m
6.7 m
for an
interior
lot and
10
metres
for a
corner
lot
20 m
20 m
20 m
Minimum
Front Yard
6 m
6 m
4 m for
the
dwelling
unit, 6 m
for the
attached
garage
4 m for
the
dwelling
unit, 6 m
for the
attached
garage
4 m for
the
dwelling
unit, 6 m
for the
attached
garage
N/A
Minimum
Interior Side
Yard
3 m on one
side and
1.8 m on
the other
side
1.5 m for
end units
(2)(3)
1.5 m
for end
units
(2)(3)
7.5 m
7.5 m
7.5 m
Minimum
Exterior
Side Yard
2 m (1)
2 m (1)
2 m (1)
6 m
6 m
6 m
Minimum
Rear Yard
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
N/A
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 155
Notes:
1. Where an entrance to a garage faces an exterior side yard, the minimum
exterior side yard for the garage shall be 6 metres.
2. Except that where no attached garage is provided, the minimum side yard shall
be 3 metres.
3. No interior side yard is required between the common vertical wall dividing one
unit from another.
Table 6.3c - Zone Regulations
Zone
Regulations
RM1/RM2/RM3
Triplex
Fourplex
Townhouse
Street
Block
Stacked
Back-to-back
Maximum
Lot
Coverage
50%
50%
50%
50%
50%
50%
Minimum
Landscaped
Open Space
20%
N/A
30%
30%
20%
20%
Minimum
Distance
Between
Buildings
Located on
the Same
Lot
N/A
N/A
N/A
3 m
3 m
3 m
Maximum
Building
Height
12.5 m
12.5 m
12.5 m
12.5 m
12.5 m
12.5 m
Zone Regulations
RM2
RM3
Minimum Lot Area Per Dwelling Unit
166 sq. m. 83 sq. m.
Maximum Lot Area Per Dwelling Unit
400 sq. m. 200 sq. m.
Minimum Front Yard
6 m
6 m
Minimum Interior Side Yard
6 m (1)
6 m (2)
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 156
Notes:
1. Except that where the interior lot line is adjacent to a R1 or R2 Zone, a
minimum interior side yard of 9 m is required.
2. Except that where the rear lot line is adjacent an R1 or R2 Zone, a minimum
rear yard of 12 metres is required.
6.4
Zone Exceptions (Hamlet Residential)
6.4.1 HR-1 (LOT AREA AND SETBACKS) Roll # 040-017-088
Notwithstanding the provisions of the Hamlet Residential Zone, the lands indicated as
HR-1 on Schedule 'A9' shall be subject to the following provisions:
(a) Minimum Lot Area
-
4,000 square metres
(b) Minimum Exterior Side Yard
-
15 metres, except that an "as existing"
setback shall be permitted for an existing
building
(c) Minimum Interior Side Yard
-
1.2 metres
(d) Minimum Rear Yard
-
13.5 metres.
6.5
Zone Exceptions (Residential 1)
6.5.1 R1-1 (SIDE YARDS AND ARTISAN SHOP) Roll # 040-012-00600
Notwithstanding the provisions of the Residential 1 Zone, in addition to the permitted
uses of the Residential 1 Zone, the lands indicated as R1-1 on Schedule 'A6' may also
be used for an artisan shop and shall be subject to the following provisions:
Zone Regulations
RM2
RM3
Minimum Exterior Side Yard
6 m
6 m
Minimum Rear Yard
7.5 m (1)
7.5 m (2)
Maximum Lot Coverage
40%
40%
Minimum Landscaped Open Space
30%
30%
Maximum Building Height
13 m
26 m
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 157
(a) Minimum Front Yard
-
3.2 metres
(b) Minimum Southerly Interior Side
Yard
-
0.27 metres
(c) Minimum Rear Yard
-
4.9 metres.
6.5.2 R1-2 (TRIPLEX) Roll # Part of 030-009-02700 (no new roll#)
Notwithstanding the provisions of the Residential 1 Zone, in addition to the uses
permitted in the Residential 1 Zone, the lands indicated as R1-2 on Schedule 'A7' may
also be used for an existing triplex dwelling.
6.5.3 R1-3 (ARTISAN SHOP) Roll # 040-012-04100
Notwithstanding the provisions of the Residential 1 Zone, in addition to the permitted
uses of the Residential 1 Zone, the lands indicated as R1-3 on Schedule 'A6' may also
be used for an artisan shop.
6.5.4 R1-4 (ARTISAN SHOP) Roll #'s 040-012-00900 to 040-012-01200, 040-012-
00700, 040-012-02000
Notwithstanding the provisions of the Residential 1 Zone, in addition to the permitted
uses of the Residential 1 Zone, the lands indicated as R1-4 on any Schedule of this by-
law may also be used for an artisan shop.
6.5.5 R1-5 (WATER HAULAGE) Roll # 030-014-11800
Notwithstanding the provisions of the Residential 1 Zone, in addition to the permitted
uses of the Residential 1 Zone, the lands indicated as R1-5 on Schedule 'A5' may also
be used as a water haulage depot.
6.5.6 R1-6 (REAR YARD) - VINEHAVEN SUBDIVISION
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-6
on Schedule 'A5' shall be subject to the following provision:
(a) Minimum Setback from the
Environmental Conservation
Zone for all Structural
Development
-
1.5 metres.
6.5.7 R1-7 (OFFICE) Roll # 040-012-17501
Notwithstanding the provisions of the Residential 1 Zone, in addition to the uses
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 158
permitted in the Residential 1 Zone, the lands indicated as R1-7 on Schedule 'A5' may
also be used for an office.
6.5.8 R1-8 (CLOCK SHOP) Roll # 030-014-13800
Notwithstanding the provisions of the Residential 1 Zone, in addition to the uses
permitted in the Residential 1 Zone, the lands indicated as R1-8 on Schedule 'A5' may
also be used for the repair and retail sale of clocks.
6.5.9 R1-9 (ELECTRIC MOTORS) Roll # 030-014-13100
Notwithstanding the provisions of the Residential 1 Zone, in addition to the uses
permitted in the Residential 1 Zone, the lands indicated as R1-9 on Schedule 'A5' may
also be used for the service and retail sale of electric motors.
6.5.10 R1-10 (HOUSE BY THE SCHOOL) Roll # 030-014-12800
Notwithstanding the provisions of the Residential 1 Zone, in addition to the uses
permitted in the Residential 1 Zone, the lands indicated as R1-10 on Schedule 'A5' may
also be used for the retail sale of woodstoves and accessories.
6.5.11 R1-11 (CATERING) Roll # 030-009-04700
Notwithstanding the provisions of the Residential 1 Zone, in addition to the uses
permitted in the Residential 1 Zone, the lands indicated as R1-11 on Schedule 'A7' may
also be used for a catering kitchen.
6.5.12 R1-12 (DAYCARE CENTRE) Roll # 020-025-07700
Notwithstanding the provisions of the Residential 1 Zone, in addition to the uses
permitted in the Residential 1 Zone, the lands indicated as R1-12 on Schedule 'A3' may
also be used for a daycare centre having a maximum of nineteen children at any one
time.
6.5.13 R1-13 (CUSTOM WORKSHOP) Roll # 030-009-07703
Notwithstanding the provisions of the Residential 1 Zone, in addition to the uses
permitted in the Residential 1 Zone, the lands indicated as R1-13 on Schedule 'A7' may
also be used for storage and a custom workshop for glass and mirror products.
6.5.14 R1-14 (ARTISIAN SHOP) Roll # 020-024-01800
Notwithstanding the provisions of the Residential 1 Zone, in addition to the permitted
uses of the Residential 1 Zone, the lands indicated as R1-14 on Schedule 'A3' may also
be used for an artisan shop.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 159
6.5.15 R1-15 (MEADOWOOD ESTATES)
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-15
on Schedule 'A2' shall be subject to the following provision:
(a) Minimum Lot Frontage
-
17 metres for a corner lot
6.5.16 R1-16 (ACCESSORY STRUCTURE) Roll # (no new roll#)
Notwithstanding the provisions of the Residential 1 Zone on the lands indicated as R1-
16 on Schedule 'A5', the existing garage is permitted to remain prior to the construction
of the principal single detached dwelling.
6.5.17 R1-17 (PLATEAU ESTATES)
Notwithstanding the provisions of the Residential 1 Zone, for a single detached dwelling,
the lands indicated, as R1-17 on Schedule 'A3' shall be subject to the following
provision:
(a) Maximum Lot Coverage
-
45%.
6.5.18 R1-18 (SETBACK FROM TOP OF BANK) - HIGHLAND ESTATES
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-18
on Schedule 'A3' shall be subject to the following provision:
(a) Minimum Setback for all
Structural development
-
7.5 metres from top of bank.
6.5.19 R1-19 (WATER HAULAGE) Roll # 040-018-01000
Notwithstanding the provisions of the Residential 1 Zone, in addition to the uses
permitted in the Residential 1 Zone, the lands indicated as R1-19 on Schedule 'A8' may
also be used for a water haulage business, and the water haulage business shall be
subject to the following provisions:
(a) Maximum Gross Floor Area
-
280 square metres
(b) Minimum Front Yard
-
60 metres
(c) Minimum Interior Side Yard
-
3 metres
(d) Minimum Rear Yard
-
9 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 160
(e) Maximum Building Height
-
9.5 metres.
6.5.20 R1-20 (SIDE YARD) VALENCIA PLACE
Notwithstanding the provisions of the Residential 1 Zone, for a single detached dwelling,
the lands indicated, as R1-20 on Schedule 'A3' shall be subject to the following
provision:
(a)
Minimum Westerly Side Yard
-
3 metres.
6.5.21 R1-21 (EXTERIOR SIDE YARD AND SETBACK FROM ENVIRONMENTAL
CONSERVATION ZONE) - VINEWOOD PARK EXTENSION 3
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-21
on Schedule 'A6' shall be subject to the following provisions:
(a) Minimum Exterior Side Yard
-
1.2 metres
(b) Minimum Setback from
Environmental Conservation
Zone for Single Detached
Dwellings and all other structural
development including but not
limited to Swimming Pools,
Sheds or other Accessory
Structures, Decks, Gazebos,
etc.
-
5 metres.
6.5.22 R1-22 (SETBACK FROM ENVIRONMENTAL CONSERVATION ZONE) -
VINEWOOD PARK EXTENSION 3, GRANDVIEW HEIGHTS, TWENTY VALLEY
RIDGE
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-22
on Schedules 'A3', 'A6' and 'A7' shall be subject to the following provision:
(a)
Minimum Setback from
Environmental Conservation
Zone for Single Detached
Dwellings and all other structural
development including but not
limited to Swimming Pools,
Sheds or other Accessory
Structures, Decks, Gazebos,
etc.
-
7.5 metres.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 161
6.5.23 R1-23 (SETBACKS AND SETBACK FROM ENVIRONMENTAL
CONSERVATION ZONE) - TWENTY VALLEY RIDGE
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-23
on Schedule 'A7' shall be subject to the following provision:
(a)
Minimum Setback from
Environmental Conservation
Zone for Single Detached
Dwellings and all other structural
development including but not
limited to Swimming Pools,
Sheds or other Accessory
Structures, Decks, Gazebos,
etc.
-
7.5 metres
(b)
Minimum Front Yard for an
Existing Dwelling
-
5 metres.
6.5.24 R1-24 (LOT FRONTAGE) Roll # 040-017-14600
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-24
on Schedule 'A8' shall be subject to the following provision:
(a)
Minimum Lot Frontage
-
6 metres
6.5.25 R1-25 (FRONT YARD) Roll # 040-018-04100
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-25
on Schedule 'A8' shall be subject to the following provision:
(a)
Minimum Front Yard for an
Existing Dwelling
-
4.6 metres
6.5.26 R1-26 (AGRICULTURAL STORAGE BUILDING) Roll # Part of 040-017-12200
Notwithstanding the provisions of the Residential 1 Zone, in addition to the permitted
uses of the Residential 1 Zone, the lands indicated as R1-26 on Schedule 'A5' may also
be used for agricultural storage buildings and the agricultural storage buildings shall be
subject to the following provisions:
(a)
Minimum Setback for all new
Agricultural Storage Buildings
and Additions to Existing
Agricultural Storage Buildings
-
0 metres.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 162
from the Northerly Limit of the
R1-26 Zone
(b)
The regulations of subsection 5.3 shall apply thereto with the exception of
subsection 6.5.26(a).
(c)
It is a condition of this zoning by-law that any building constructed after this by-law
comes into force on the lands zoned R1-26 shall be removed prior to draft plan
approval of any plan of subdivision of the subject lands or as a condition of any
severance, whichever shall first occur, on the lands zoned R1-26.
6.5.27 R1-27 (REAR YARD) Roll # part of 040-016-08901 no new Roll #
Notwithstanding the provisions of the Residential 1 Zone, for a single detached dwelling,
the lands indicated as R1-27 on Schedule 'A5' shall be subject to the following
provision:
(a)
Minimum Rear Yard Setback
-
6 metres
6.5.28 R1-28 (SIDE YARD) Roll # part of 020-025-11500 no new Roll #
Notwithstanding the provisions of the Residential 1 Zone, for an existing single
detached dwelling, the lands indicated, as R1-28 on Schedule 'A3', shall be subject to
the following provision:
(a)
Minimum Interior Side Yard
-
1.2 metres on each side except that where
no attached garage is provided, the
minimum side yard on one side shall be
2.2 metres.
6.5.29 R1-29 (REAR YARD FOR ACCESSORY STRUCTURES) - GRANDVIEW
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-29
on Schedule 'A3' shall be subject to the following provision:
(a)
Minimum Rear Yard Setback for
Accessory Structures including
but not limited to Swimming
Pools, Sheds, Decks, Gazebos,
etc.
-
4 metres.
6.5.30 R1-30 (TRINITY UNITED CHURCH MANSE) Roll # 020-024-00100
In addition to the permitted uses of the Residential 1 Zone, the lands indicated as R1-30
on Schedule 'A3' may also be used for institutional uses and office uses.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 163
6.5.31 R1-31 (REAR YARD SETBACK) Roll# no new Roll #
Notwithstanding the provisions of the Residential 1 Zone, for a single detached dwelling,
the lands indicated as R1-31 on Schedule 'A2' shall be subject to the following
provision:
(a)
Minimum Rear Yard
-
6 metres.
6.5.32 R1-32 (SETBACK FROM ENVIRONMENTAL CONSERVATION ZONE) Roll #
part of 030-009-08400 no new Roll #
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-32
on Schedule 'A7' shall be subject to the following provision:
(a)
Minimum Setback from
Environmental Conservation
Zone for Single Detached
Dwellings and all other structural
development including but not
limited to Swimming Pools,
Sheds or other Accessory
Structures, Decks, Gazebos,
etc.
-
7.5 metres.
6.5.33 R1-33 (LOT FRONTAGE AND DWELLING HEIGHT) Roll # (No new Roll#)
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-33
on Schedule 'A7' shall be subject to the following provisions:
(a) Minimum Lot Frontage
-
6.7 metres
(b) Maximum Building Height
-
7 metres.
6.5.34 R1-34 (LOT FRONTAGE) Roll # (No new Roll#)
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-34
on Schedule 'A7' shall be subject to the following provision:
(a) Minimum Lot Frontage
-
8.5 metres.
6.5.35 R1-35 (ARTISIAN SHOP AND SETBACKS) Roll # part of Roll # 040-012-07700
(No new Roll #)
Notwithstanding the provisions of the Residential 1 Zone and in addition to the permitted
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 164
uses of the Residential 1 Zone, an artisan shop shall be permitted on the lands
indicated as R1-35 on Schedule 'A6' and the lands shall be subject to the following
provision:
(a) Minimum Southerly Interior Side
Yard for an Existing Dwelling
-
0.5 metres.
6.5.36 R1-36 (EARLY DAWN ESTATES) Roll # 040-017-12425
Notwithstanding the provisions of the Residential 1 Zone for single detached dwellings,
the lands indicated as R1-36 on Schedule 'A8' shall be subject to the following
provisions:
(a) Maximum Number of Dwelling
Units
-
14
(b) Minimum Yard Requirements
(i) Minimum Setback from the
Northerly and Southerly Lot
Lines
-
7.5 metres
(ii) Minimum Setback from the
Westerly Lot Line
-
1.2 metres
(iii) Minimum Setback from the
Environmental Conservation
(EC) Zone
-
7.5 metres
(c) Minimum Distance Between
Buildings
-
2.4 metres.
6.5.37 R1-37 (SIDE YARD SETBACK AND ACCESSORY BUILDING HEIGHT)
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-37
on Schedule 'A8' shall be subject to the following provisions:
(a) Minimum Interior Side Yard
Setback
-
0.8 metres
(b) Maximum Accessory Building
Height
-
6.9 metres.
6.5.38 R1-38 (VISTA RIDGE)
Notwithstanding the provisions of Sections 3.10 and 3.44 and the Residential 1 Zone,
for single detached dwellings, the lands indicated as R1-38 on Schedule 'A3' shall be
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 165
subject to the following provisions:
(a) Minimum Lot Frontage
-
15 metres for an interior lot and 17 metres
for a corner lot
(b)
Minimum Front Yard
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(c)
Minimum Exterior Side Yard
-
2.4 metres, except that where an entrance
to a garage faces an exterior side yard, the
minimum exterior side yard for the garage
shall be 6 metres
(d)
Minimum Interior Side Yard
-
1.2 metres on one side and 0.6 metres on
the other side
(e)
Minimum Front Yard for a Porch
and/or Steps
-
2.5 metres
(f)
Minimum Exterior Side Yard for
a Porch and/or Steps
-
0.4 metres
(g)
The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with the
dwelling. Where the garage does protrude in front of the dwelling, it shall not
protrude more than 3 metres.
6.5.39 R1-39 (SETBACKS) Roll # 020-024-05600
Notwithstanding the provisions of the Residential 1 Zone, the lands indicated as R1-39
on Schedule 'A3' shall be subject to the following provisions:
(a) Minimum Front Yard Setback
-
1.8 metres
(b)
Minimum Southern Side Yard
Setback
-
0.5 metres.
6.5.40 R1-40 (PHELPS HOMES LTD.)
Notwithstanding the provisions of the Residential 1 (R1) Zone, the lands indicated as
R1-40 on Schedule 'A7' shall be subject to the following provisions:
Single Detached Dwelling
(a) Minimum Yard Requirements
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 166
(i) Front Yard Setback
-
4.5 metres for a dwelling, 6 metres for a
garage front wall
(ii) Minimum Rear Yard
Setback
-
1.6 metres.
6.5.41 R1-41 (MOUNTAIN VILLAGE VINEYARD)
Notwithstanding the provisions of the Residential 1 (R1) Zone, the lands indicated as
R1-41 on Schedule 'A8' shall be subject to the following provisions:
(a) Minimum Lot Frontage
-
17.3 metres for a corner lot
(b)
Minimum Exterior Side Yard
Setback
-
2.5 metres
(c)
Minimum Rear Yard Setback
-
6.5 metres for lots 15, 16, 17, 21, 22, 25,
26, 31 and 32
(d)
Maximum Lot Coverage
-
45%.
6.5.42 R1-42 (OFFICE USE)
Notwithstanding the provisions of the Residential 1 (R1) Zone, a real estate office, an
insurance office and a law office may be permitted within the existing building on the
lands indicated as R1-42 and shall be subject to the following provisions:
(a) No more than 1 office use is permitted within the existing building at any time.
6.5.43 R1-43 (ACCESSORY APARTMENT AND YOUTH CENTRE)
Notwithstanding the provisions of the Residential 1 (R1) Zone, the lands indicated as
R1-43 on Schedule 'A5' may also be used for an accessory apartment dwelling and a
youth centre within an accessory structure and shall be subject to the following
provisions:
(a) Minimum Front Yard for the
Single Detached Dwelling
-
4.5 metres
(b) Minimum Driveway Width
-
3 metres
(c) Accessory Building Maximum
Height
-
7 metres
(d) Maximum Accessory Apartment
-
60 square metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 167
Size
(e) Minimum Parking Spaces
Required
-
6 spaces.
6.6
Zone Exceptions (Residential 2)
6.6.1 R2-1 (VILLAGE GREEN)
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-1
on Schedule 'A2' shall be subject to the following provisions:
(a)
Minimum Lot Frontage for a
Semi-Detached Dwelling
-
18.2 metres
(b)
Minimum Lot Area for a Semi-
Detached Dwelling
-
550 square metres
(c)
Minimum Lot Area per Unit for a
Semi-Detached Dwelling
-
225 square metres.
6.6.2 R2-2 (ACADEMY GARDENS)
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-2
on Schedule 'A2' shall be subject to the following provision:
(a) Minimum Rear Yard Abutting an
Open Space Zone
-
6.5 metres.
6.6.3 R2-3 (LOT COVERAGE AND ARTISAN SHOP) Roll # 040-012-04402
Notwithstanding the provisions of the Residential 2 Zone, in addition to the uses
permitted in the Residential 2 Zone, the lands indicated as R2-3 on Schedule 'A6' may
also be used for an artisan shop and shall be subject to the following provisions:
(a) Minimum Lot Area
-
539 square metres
(b) Minimum Front Yard
-
0 metres
(c) Minimum Northerly Interior Side
Yard
-
0.9 metres
(d) Minimum Southerly Interior Side
Yard
-
0.03 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 168
(e) Minimum Rear Yard
-
5.4 metres
(f) Maximum Lot Coverage
-
45%.
6.6.4 R2-4 (LAWN BOWLING) Roll # 010-021-05300
Notwithstanding the provisions of the Residential 2 Zone, in addition to the permitted
uses of the Residential 2 Zone, the lands indicated as R2-4 on Schedule 'A2' may also
be uses for a lawn bowling club.
6.6.5 R2-5 (ARTISAN SHOP) Roll # 040-012-00500
Notwithstanding the provisions of the Residential 2 Zone, in addition to the uses
permitted in the Residential 2 Zone, the lands indicated as R2-5 on Schedule 'A6' may
also be used for an artisan shop.
6.6.6 R2-6 (MEADOWOOD ESTATES)
Notwithstanding the provisions of the Residential 2 Zone, for a semi-detached dwelling
on the lands indicated as R2-6 on Schedule 'A2' shall be subject to the following
provision:
(a) Minimum Lot Frontage
-
21 metres for a corner lot.
6.6.7 R2-7 (CHERRY HILL LEASEHOLD DEVELOPMENT) Roll's 040-016-07900, 040-
016-07901
Notwithstanding the provisions of the Residential 2 Zone the following shall apply to the
lands zoned R2-7 on Schedule 'A5':
6.6.7.1 DEFINITIONS
(a)
LEASEHOLD SITE means a site being leased for the purpose of
constructing a single detached dwelling thereon. A site shall be as
described by number on a site plan approved pursuant to Section 41 of the
Planning Act, R.S.O. 1990, affecting the subject lands.
(b)
LEASEHOLD SITE AREA means the horizontal area of any leasehold site.
(c)
LEASEHOLD SITE COVERAGE means that percentage of the leasehold
site area covered by all buildings above ground level, but does not include
that portion of the leasehold site, which is occupied by a building or portion
thereof which is completely below ground level.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 169
(d)
PRIVATE ROAD means a street or road which affords the principal means
of access to existing or proposed land uses and which is maintained by
the owner of the land on a year round basis and has not been adopted as
part of the Town's road system.
(e)
PROPERTY BOUNDARY means a boundary line delineating the subject
lands from adjacent properties.
(f)
YARD means a space, other than a courtyard, appurtenant to a building or
structure, located on the same leasehold site as the building or a structure,
and which space is open, uncovered and unoccupied from the ground to
the sky, except for such accessory buildings, structures or uses as are
specifically permitted herein in any leasehold residential development.
6.6.7.2 PERMITTED USES
(a) Single Detached Dwelling
(b) Accessory Buildings and Structures
6.6.7.3 DENSITY
Maximum density of single detached dwellings shall be 21.0 units per hectare.
6.6.7.4 LEASEHOLD SITE AND BUILDING STANDARDS
(a) Single Detached Dwelling
(i)
Minimum Separation
Distance Between Single
Detached Dwellings on
Separate Leasehold Sites
-
2 metres
(ii)
Minimum Separation
Distance Between Single
Detached Dwellings and
a Private Road
-
6 metres
(iii)
Minimum Separation
Distance Between Single
Detached Dwellings and
Property Boundaries
-
6 metres, save and except Leasehold Site
1, in which case the minimum separation
distance shall be 2 metres
(iv)
Maximum Leasehold Site
Coverage, including
Accessory Buildings
-
45%.
(b)
Accessory Buildings and Structures
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 170
In lieu of subsection 6.3 contained herein, the following shall apply.
(i)
The total leasehold site coverage of all accessory buildings and
structures shall not exceed 5 percent of the leasehold lot area.
(ii)
All detached accessory buildings or structures shall be located a
minimum of 1.5 metres from any building on the same leasehold
site and from property boundaries.
6.6.7.5 ACCESS AND FRONTAGE
Access and frontage for and to a dwelling unit may be from a private road.
6.6.8 R2-8 (WOODLAND ESTATES EXTENSION)
Notwithstanding the provisions of the Residential 2 Zone, for semi-detached dwellings,
the lands indicated as R2-8 on Schedule 'A2' shall be subject to the following
provisions:
(a) Minimum Lot Frontage
-
22 metres for a corner lot
(b) Minimum Lot Area
-
575 square metres
(c) Minimum Lot Area per Dwelling
Unit
-
240 square metres
(d) Minimum Rear Yard
-
7 metres.
6.6.9 R2-9 (HERITAGE VILLAGE)
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-9
on Schedule 'A5' shall be subject to the following provisions:
(a) Minimum Front Yard and
Exterior Side Yard for Dwelling
Unit
-
0 metres
(b) Minimum Front Yard for Garage
-
6 metres
(c) Minimum Exterior Side Yard for
Garage
-
0 metres, except that where an entrance to
a garage faces an exterior side yard, the
minimum exterior side yard shall be 6
metres.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 171
6.6.10 R2-10 (PLATEAU ESTATES)
Notwithstanding the provisions of the Residential 2 Zone, for a single detached dwelling,
the lands indicated, as R2-10 on Schedule 'A3' shall be subject to the following
provision:
(a) Maximum Lot Coverage
-
45%.
6.6.11 R2-11 (SIDE YARD) VALENCIA PLACE
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-11
on Schedule 'A3' shall be subject to the following provision:
(a) Minimum Northerly Side Yard
-
3 metres.
6.6.12 R2-12 (SIDE YARD) VALENCIA PLACE
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-12
on Schedule 'A3' shall be subject to the following provision:
(a) Minimum Southerly Side Yard
-
3 metres.
6.6.13 R2-13 (LOT FRONTAGE) Roll # 040-018-01800
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-13
on Schedule 'A8' shall be subject to the following provision:
(a) Minimum Lot Frontage
-
11.2 metres.
6.6.14 R2-14 (SETBACK FROM ENVIRONMENTAL CONSERVATION ZONE)
VICTORIA SHORES PHASE 2
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-14
on Schedule 'A4' shall be subject to the following provision:
(a) Minimum Setback from
Environmental Conservation
Zone for Single Detached
Dwellings and all other
Structural Development,
including but not limited to
Swimming Pools, Sheds or
other Accessory Structures,
Decks and Gazebos, etc.
-
7.5 metres.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 172
6.6.15 R2-15 (PRIVATE CLUB) VICTORIA SHORES PHASE 2
Notwithstanding the provisions of the Residential 2 Zone, in addition to the permitted
uses of the Residential 2 Zone, the lands indicated as R2-15 on Schedule 'A4' may also
be used for a private club and shall be subject to the following provisions:
(a) Minimum Parking Required
-
6 spaces
(b) Minimum Parking Setback
Adjacent to Streetline
-
0.3 metres
(c) Minimum Parking Setback
Adjacent to a Residential Zone
-
1 metre
(d) Parking Location
-
Parking may be permitted within the front
yard
(e) Minimum Setback from
Environmental Conservation
Zone for Single Detached
Dwellings, Private Club and all
other Structural Development,
including but not limited to
Swimming Pools, Sheds or
other Accessory Structures,
Decks and Gazebos, etc.
-
7.5 metres.
6.6.16 R2-16 (PARKING AND RECREATIONAL USE) VICTORIA SHORES PHASE 2
Notwithstanding the provisions of the Residential 2 Zone, in addition to the permitted
uses of the Residential 2 Zone the lands indicated as R2-16 on Schedule 'A4' may also
be used for a parking lot and for recreational use for a private club located on the lands
zoned R2-15 and shall be subject to the following provisions:
(a) Minimum Parking Setback
adjacent to Streetline
-
1 metre
(b) Minimum Parking Setback from
a Residential Zone
-
1 metre
(c) Parking Location
-
Parking may be permitted within the front
yard.
6.6.17 R2-17 (LOT FRONTAGE) CLASSIC VILLAGE III
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 173
Notwithstanding the provisions of the Residential 2 Zone, single detached dwellings on
the lands indicated as R2-17 on Schedule 'A2' shall be subject to the following
provision:
(a)
Minimum Lot Frontage
-
12 metres for a corner lot.
6.6.18 R2-18 (LOT FRONTAGE) CLASSIC VILLAGE III
Notwithstanding the provisions of the Residential 2 Zone, a semi-detached lot on the
lands indicated as R2-18 on Schedule 'A2' shall be subject to the following provision:
(a)
Minimum Lot Frontage
-
18 metres.
6.6.19 R2-19 (LOT FRONTAGE, SETBACKS AND LOT COVERAGE)
Notwithstanding the provisions of the Residential 2 Zone, a semi-detached dwelling on
the lands indicated as R2-19 shall be subject to the following provisions:
(a)
Minimum Lot Frontage Per Unit
-
14 metres for an interior lot and 17 metres
for a corner lot
(b)
Minimum Front Yard and Exterior
Side Yard Setback
-
4 metres, except that the minimum
setback for an attached garage shall be 6
metres
(c)
Maximum Lot Coverage
-
50%
(d)
Minimum Setback from a
Visibility Triangle
-
0 metres.
6.6.20 R2-20 (PERMITTED USES AND LOT AREA) Roll # part of 040-016-08901 no
new Roll #
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-20
on Schedule 'A5' shall only be used for a single detached dwelling, home for special
care and home bases business accessory to a single detached dwelling and shall be
subject to the following provision:
(a)
Minimum Lot Area
-
330 square metres.
6.6.21 R2-21 (RAILWAY RIGHT-OF-WAY SETBACK) Roll # 030-009-04000
Notwithstanding the provisions of the Residential 2 Zone and subsection 6.27, the lands
indicated as R2-21 on Schedule 'A7' shall be subject to the following provision:
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 174
(a)
Minimum Rear Yard
-
28 metres.
6.6.22 R2-22 (ARTISAN SHOP AND SETBACKS) Roll # part of 040-012-00700 (No
new Roll #)
Notwithstanding the provisions of the Residential 2 Zone, and in addition to the
permitted uses of the Residential 2 Zone, an artisan shop shall be permitted on the
lands indicated as R2-22 on Schedule 'A6' and the lands shall be subject to the
following provision:
(a)
Minimum Front Yard and
Minimum Northerly Interior Side
Yard for an Existing Dwelling
-
0 square metres.
6.6.23 R2-23 (THE FAIRGROUNDS)
Notwithstanding the provisions of the Residential 2 Zone, for single detached dwellings,
the lands indicated as R2-23 on Schedule 'A2' shall be subject to the following
provisions:
6.6.24 R2-24 (LOT FRONTAGE) (no new Roll #)
Notwithstanding the provisions of the Residential 2 Zone, for single detached dwellings,
the lands indicated as R2-24 on Schedule 'A8' shall be subject to the following
provision:
6.6.25 R2-25 (FRONT YARD SETBACK & BUILDING HEIGHT) (no new Roll #)
(a) Minimum Lot Frontage
-
9 metres for an interior lot
(b) Minimum Lot Area
-
285 square metres
(c) Minimum Front Yard for Dwelling
Unit
-
4.5 metres
(d) Minimum Front Yard for Garage
-
6 metres
(e) Minimum Interior Side Yard
-
1.2 metres on one side and 0.6 metres on
the other side
(f) Maximum Lot Coverage
-
55%.
(a) Minimum Lot Frontage
-
11.9 metres.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 175
Notwithstanding the provisions of the Residential 2 Zone, for new dwellings, the lands
indicated as R2-25 on Schedule 'A3' shall be subject to the following provisions:
6.6.26 R2-26 (FRONT YARD SETBACK) (no new Roll #)
Notwithstanding the provisions of the Residential 2 Zone, for new dwellings, the lands
indicated as R2-25 on Schedule 'A3' shall be subject to the following provisions:
6.6.27 R2-27 (CHERRY HEIGHTS EXTENSION)
Notwithstanding the provisions of Sections 3.10 and 3.44 and the Residential 2 Zone,
for single detached dwellings, the lands indicated as R2-27 on Schedule 'A3' shall be
subject to the following provisions.
(a) Minimum Front Yard for a
Dwelling Unit
-
3 metres
(b) Maximum Front Yard for a
Dwelling Unit
-
4.8 metres
(c) Minimum Front Yard for a
Garage of a Dwelling Unit.
-
6 metres
(d) Maximum Building Height of a
Dwelling Unit
-
9 metres measured from grade level at the
front wall to the highest point of the entire
dwelling.
(a) Minimum Front Yard for a
Dwelling Unit
-
13 metres.
(a) Minimum Lot Frontage
-
11 metres for an interior lot and 14 metres
for a corner lot
(b) Minimum Lot Area
-
345 square metres
(c) Minimum Front Yard Setback
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(d) Minimum Exterior Side Yard
Setback
-
2.5 metres, except that where an entrance
to a garage faces an exterior side yard, the
minimum exterior side yard for the garage
shall be 6 metres
(e) Minimum Interior Side Yard
-
1.2 metres for end units except that where
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 176
6.6.28 R2-28 (VISTA RIDGE)
Notwithstanding the provisions of Sections 3.10 and 3.44 and the Residential 2 Zone,
for single detached dwellings, the lands indicated as R2-28 on Schedule 'A3' shall be
subject to the following provisions.
Setback
no attached garage is provided, the
minimum side yard shall be 3 metres. No
interior side yard is required between the
common vertical wall dividing one unit
from another
(f) Minimum Front Yard Setback for
a Porch and/or Steps
-
2.5 metres
(g) Minimum Exterior Side Yard
Setback for a Porch and/or
Steps
-
0.5 metres
(h) Maximum Lot Coverage
-
55%
(i) The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with the
dwelling. Where the garage does protrude in front of the dwelling, it shall not
protrude more than 3 metres.
(a) Minimum Lot Frontage
-
10 metres for an interior lot and 12 metres
for a corner lot
(b) Minimum Lot Area
-
280 square metres
(c) Minimum Front Yard
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(d) Minimum Exterior Side Yard
-
2.4 metres, except that where an entrance
to a garage faces an exterior side yard, the
minimum exterior side yard for the garage
shall be 6 metres
(e) Minimum Interior Side Yard
-
1.2 metres on one side and 0.6 metres on
the other side
(f) Minimum Front Yard for a Porch
and/or Steps
-
2.5 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 177
6.6.29 R2-29 (LINCOLN PARK)
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-29
on Schedule "A2" may also be used for single detached and semi-detached dwellings
on a private street and shall be subject to the following provisions:
(g) Minimum Exterior Side Yard for
a Porch and/or Steps
-
0.4 metres
(h) Maximum Lot Coverage
-
55%
(i) The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with the
dwelling. Where the garage does protrude in front of the dwelling, it shall not
protrude more than 3 metres.
(a) Maximum Number of Dwelling
Units
-
22 units
(b) Minimum Lot Frontage on a
Public or Private Street for a
Single Detached Dwelling
-
12 metres
(c) Minimum Lot Area Per Unit on a
Public or Private Street for a
Single Detached Dwelling
-
260 square metres
(d) Minimum Lot Frontage Per Unit
on a Private Street for a Semi-
detached Dwelling
-
7.4 metres
(e) Minimum Lot Area per Unit for a
Semi-detached Dwelling
-
170 square metres
(f) Minimum Yard Requirements
(i)
Setback from a Public
Street
(ii) Setback from a Private
Street for a Single
Detached Dwelling
(iii) Setback from a Private
Street for a Semi-Detached
Dwelling
(iv) Northerly Interior Side Yard
-
-
-
-
2 metres for a dwelling and 6 metres for a
garage
1.8 metres for a dwelling and 3.9 metres
for a garage
4.5 metres for a dwelling and 5.8 metres
for a garage
0.7 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 178
6.6.30 R2-30 (LINCOLN ESTATES)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential 2 Zone,
for single detached dwellings, the lands indicated as R2-30 on Schedule 'A3' shall be
subject to the following provisions.
for a Single Detached
Dwelling
(v) Southerly Interior Side
Yard for a Single Detached
Dwelling
(vi) Interior Side Yard for a
Semi-detached Dwelling
(vii) Interior Side Yard for an
Uncovered deck or an
Unenclosed Porch
(viii) Rear Yard for a Single
Detached Dwelling
(ix) Rear Yard for a Semi-
detached Dwelling
-
-
-
-
-
1.2 metres
0.7 metres. No interior side yard is
required between the common vertical
wall dividing one unit from another
0.55 metres
1.9 metres
6 metres
(g)
Maximum Lot Coverage
-
55%
(h)
For the new Single Detached Dwellings abutting 4299 and 4305 East Avenue, no
habitable windows shall be permitted above the first floor facing 4299 and 4305
East Avenue, and the maximum height shall be 11 metres.
(i)
Minimum Parking Setback from
the South and West Property
Lines
-
1.4 metres.
(a) Minimum Front Yard
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(b) Minimum Exterior Side Yard
-
2 metres, except that where an entrance
to a garage faces an exterior side yard,
the minimum exterior side yard for the
garage shall be 6 metres
(c) Minimum Interior Side Yard
-
1.2 metres on one side and 0.6 metres on
the other side
(d) Minimum Front Yard for a Porch
and/or Steps
-
2.5 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 179
6.6.31 R2-31 (LINCOLN ESTATES)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential 2 Zone,
for single detached dwellings, the lands indicated as R2-31 on Schedule 'A3' shall be
subject to the following provisions.
6.6.32 R2-32 (LINCOLN ESTATES)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential 2 Zone,
for single detached dwellings, the lands indicated as R2-32 on Schedule 'A3' shall be
subject to the following provisions.
(e) Minimum Exterior Side Yard for
a Porch and/or Steps
-
0.5 metres
(f) Maximum Lot Coverage
-
55%
(g) The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with the
dwelling. Where the garage does protrude in front of the dwelling, it shall not
protrude more than 3 metres.
(a) Minimum Front Yard
-
4 metres, except that the minimum
setback for the garage shall be 6 metres
(b) Minimum Interior Side Yard
-
1.2 metres on one side and 0.6 metres on
the other side
(c) Minimum Front Yard for a Porch
and/or Steps
-
2.5 metres
(d) Maximum Lot Coverage
-
55%
(e) The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with the
dwelling. Where the garage does protrude in front of the dwelling, it shall not
protrude more than 3 metres.
(a)
Minimum Front Yard
-
4 metres, except that the minimum
setback for the garage shall be 6 metres
(b)
Minimum Interior Side Yard
-
0.3 metres on the west side and 8 metres
on the east side
(c)
Minimum Rear Yard Setback
-
3.5 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 180
6.6.33 R2-33 (SETBACKS AND LOT COVERAGE)
Notwithstanding the provisions of the Residential 2 (R2) Zone, for semi-detached
dwellings, the lands indicated as R2-33 on Schedule 'A7' shall be subject to the
following provisions.
6.6.34 R2-34 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the Residential 2 Zone, the lands indicated as R2-34
on Schedule 'A4' shall only be used for street townhouse dwellings, single detached
dwellings, and semi-detached dwellings, and shall be subject to the following provisions:
6.6.34.1 ALL DWELLING TYPES
(a) Maximum Building Height
-
2.5 storeys up to a maximum of 11 metres
(b) Minimum Yard Requirements
(i) Front Yard
-
3 metres, except that the minimum
setback for the garage shall be 6 metres
(ii) Exterior Side Yard
-
3 metres, except that where an entrance
(d)
Minimum Front Yard for a Porch -
0.5 metres
(e)
Maximum Lot Coverage
-
55%
(f)
The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with the
dwelling. Where the garage does not protrude in front of the dwelling, it shall not
protrude more than 3 metres.
(a)
Minimum Front Yard Setback
-
4.5 metres for a dwelling and 6 metres for
a garage
(b)
Minimum Rear Yard Setback
-
28 metres
(c)
Maximum Encroachment of
Covered Deck/Porch into the
Rear Yard
-
5 metres
(d)
Maximum Lot Coverage
-
55%.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 181
to a garage faces an exterior side yard,
the minimum exterior side yard for the
garage shall be 6 metres
(iii) Interior Side Yard
-
1.2 metres on each side except that
where no attached garage is provided, the
minimum side yard shall be 3 metres. No
interior side yard is required between the
common vertical wall dividing one unit
from another
(iv) Rear Yard
-
7.5 metres
(c) The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with the
dwelling. Where the garage does protrude in front of the dwelling, it shall not
protrude more than 2 metres.
(d) A minimum of 25% of the front yard area, excluding any front yard area containing
a porch, verandah or steps, shall be landscaped area.
(e) Parking
-
In accordance with the provisions of
Section 4.
6.6.34.2 SINGLE DETACHED DWELLING
(a)
Minimum Lot Frontage
-
10.5 metres for an interior lot and 13.5
metres for a corner lot
6.6.34.3 SEMI-DETACHED DWELLING
(a)
Minimum Lot Frontage Per
Dwelling Unit
-
8 metres for an interior lot and 10 metres
for a corner lot
(b)
The garage shall not exceed 60% of the width of the dwelling unit.
6.6.34.4 STREET TOWNHOUSE DWELLING
(a)
Minimum Lot Frontage Per
Dwelling Unit
-
6 metres for an interior lot and 7.5 metres
for a corner lot
(b)
Maximum Lot Coverage
-
60%
(c)
The garage shall not exceed 60% of the width of the dwelling unit.
6.6.35 R2-35 (PRUDHOMMES LANDING)
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 182
Notwithstanding the provisions of the Residential 2 Zone and Section 6.8(a), the lands
indicated as R2-35 on Schedule 'A4' may also be used for block townhouse dwellings
and the following shall apply to the lands indicated as R2-35 on Schedule 'A4':
6.6.35.1 ALL DWELLING TYPES
(a) Minimum Yard Requirements
(i) Setback from a Public or
Private Street
-
3 metres, except that the minimum
setback for the garage shall be 6 metres
(ii) Interior Side Yard for a
Single Detached or Semi-
detached Dwelling
-
1.2 metres on each side except that where
no attached garage is provided, the
minimum side yard shall be 3 metres
(iii) Interior Side Yard for a
Block Townhouse Dwelling
-
2.25 metres. No interior side yard is
required between the common vertical wall
dividing one unit from another
(iv) Exterior Side Yard for a
Block Townhouse Dwelling
-
3 metres
(v) Rear Yard
-
6 metres
(vi) Minimum Front Yard
Setback for a Porch and/or
Steps
-
2.5 metres
(vii) Minimum Exterior Side Yard
for a Porch and/or Steps
-
0.5 metres
(b) Maximum Yard Requirements
(i) Setback from a Public
Street
-
9 metres
(c) Maximum Building Height
-
3.5 storeys to a maximum of 14 metres
(d) The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with the
dwelling. Where the garage does protrude in front of the dwelling, it shall not
protrude more than 2 metres.
6.6.35.2 SINGLE DETACHED DWELLING
(a)
Minimum Lot Frontage
-
10.5 metres for an interior lot and 13.5
metres for a corner lot
(b)
A minimum of 25% of the front yard area, excluding any front yard area containing
a porch, verandah or steps, shall be landscaped area.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 183
(c)
Parking
-
In accordance with the provisions of
Section 4.
6.6.35.3 SEMI-DETACHED DWELLING
(a)
Minimum Lot Frontage Per Unit
-
8 metres for an interior lot and 10 metres
for a corner lot
(b)
A minimum of 25% of the front yard area, excluding any front yard area containing
a porch, verandah or steps, shall be landscaped area
(c)
Parking
-
In accordance with the provisions of
Section 4
(d)
The garage shall not exceed 60% of the width of the dwelling unit.
6.6.35.4 BLOCK TOWNHOUSE DWELLING
(a)
Minimum Lot Frontage Per Unit
-
6 metres for an interior lot and 9 metres
for a corner lot
(b)
Minimum Lot Area Per Unit
-
180 square metres
(c)
Maximum Lot Coverage
-
60%
(d)
Minimum Landscaped Open
Space
-
25%
(e)
Parking
-
In accordance with the provisions of
Section 4
(f)
All private garages, parking areas, and driveways shall only be accessed from the
lot line abutting a private street
(g)
The garage shall not exceed 60% of the width of the dwelling unit.
6.6.36 R2-36 (SINGLE DETACHED DWELLING)
Notwithstanding the provisions of the Residential (R2) Zone, for single detached
dwellings, the lands indicated as R2-36 shall be subject to the following provision:
(a)
Minimum Front Yard Setback
-
3 metres for the dwelling and 6 metres for
the garage.
6.6.37 R2-37 (SETBACKS, LOT COVERAGE AND HEIGHT)
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 184
Notwithstanding the provisions of the Residential 2 (R2) Zone, the lands indicated as
R2-37 on Schedule 'A8' shall be subject to the following provisions:
(a) Minimum Lot Area
-
320 square metres
(b) Minimum Front Yard for a
Dwelling Unit
-
3 metres
(c) Minimum Front Yard for a
Garage
-
6 metres
(d) Maximum Lot Coverage
-
45%
(e) Maximum Height
-
9 metres.
6.6.38 R2-38 (DUPLEX DWELLING)
Notwithstanding the provisions of the Residential 2 Zone, for a Duplex Dwelling the
lands indicated as R2-38 shall be subject to the following provisions:
(a) Minimum Interior Side Yard
-
1.2 metres
(b) Minimum Rear Yard
-
7.1 metres
6.7
Zone Exceptions (Residential Multiple 1)
6.7.1 RM1-1 (TRIPLEX) Roll # 040-016-01700
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-1 on Schedule 'A5' shall be subject to the following provision:
(a) Minimum Front Yard
-
0 metres
6.7.2 RM1-2 (HERITAGE VILLAGE)
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-2 on Schedule 'A5' shall be subject to the following provisions:
(a) Maximum Number of Dwelling
Units Attached Vertically
-
10 units
(b) Minimum Front Yard
-
0 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 185
(c) Minimum Exterior Side Yard
-
1 metre
(d) Minimum Interior Side Yard
-
0 metres
(e) Minimum Rear Yard
-
2 metres
(f) Minimum Yard for Covered
Corridor Walkway
-
0 metres
(g) Minimum Lot Area per Dwelling
Unit
-
167 square metres
(h) Maximum Density
-
60 units per hectare
(i) Parking
-
1 space per dwelling unit.
6.7.3 RM1-3 (HERITAGE VILLAGE)
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-3 on Schedule 'A5' shall be subject to the following provisions:
(a) Maximum Number of Dwelling
Units Attached Vertically
-
14 units
(b) Minimum Front Yard
-
0 metres
(c) Minimum Exterior Side Yard
-
0 metres
(d) Minimum Interior Side Yard
-
4.8 metres
(e) Minimum Setback for Covered
Corridor Walkway
-
0 metres.
6.7.4 RM1-4 (JUNIPER COURT) Roll # 's 010-021-66500 to 010-021-67301
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-4 on Schedule 'A2' shall be subject to the following provisions:
(a) Minimum Interior Side Yard
-
1.2 metres
(b) Minimum Rear Yard
-
7.1 metres
6.7.5 RM1-5 (DRAKE AND CAMERON AVENUE) Roll #'s 010-022-11000,010-022-
12604 to 010-022-12606, 010-022-10400 to 010-022-10403
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 186
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-5 on Schedule 'A2' shall be subject to the following provisions:
(a) Minimum Lot Frontage per
Dwelling Unit
-
5.4 metres
(b) Minimum Lot Area per Dwelling
Unit
-
140 square metres.
6.7.6 RM1-6 (MARGUERITTE AVENUE) Roll # 010-022-11100
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-6 on Schedule 'A2' shall be subject to the following provisions:
(a) Minimum Lot Frontage
-
24.4 square metres
(b) Minimum Lot Area per Dwelling
Unit
-
195 square metres
(c) Minimum Rear Yard
-
2.5 metres.
6.7.7 RM1-7 (BARTLETT CREEK VILLAGE)
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-7 on Schedule 'A2' shall be subject to the following provisions:
(a) Minimum Lot Frontage per
Dwelling Unit
-
5.4 metres
(b) Minimum Lot Area per Dwelling
Unit
-
154 square metres
(c) Minimum Interior Side Yard
-
1.4 metres.
6.7.8 RM1-8 (WOODLAND ESTATES)
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-8 on Schedule 'A2' shall be subject to the following provision:
(a) Minimum Interior Side Yard
-
1.2 metres.
6.7.9 RM1-9 (LOT FRONTAGE)
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-9 on Schedule 'A3' shall be subject to the following provision:
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 187
(a) Minimum Lot Frontage per
Dwelling Unit
-
5.7 metres.
6.7.10 RM1-10 (FOURPLEX) VICTORIA SHORES PHASE 2
Notwithstanding the provisions of the Residential Multiple 1 Zone, for a four-plex
dwelling, the lands indicated, as RM1-10 on Schedule 'A4' shall be subject to the
following provisions:
(a) Minimum Lot Frontage Per Unit
-
4 metres
(b) Minimum Interior Side Yard
-
0 metres where there is a common
vertical wall dividing one unit from
another
(c) Minimum Rear Yard
-
0 metres where there is a common
vertical wall dividing one unit from
another.
6.7.11 RM1-11 (BLOCK TOWNHOUSES)
Notwithstanding the provisions of the Residential Multiple 1 (RM1) Zone, for block
townhouses, the lands indicated as RM1-11 on Schedule 'A6' shall be subject to the
following provisions:
(a) Minimum Lot Frontage
-
17 metres
(b) Minimum Lot Area Per Dwelling
Unit
-
242 square metres
(c) Maximum Density
-
42 units per hectare
(d) Minimum Front Yard Setback
Adjacent to Nineteenth Street
-
5 metres
(e) Minimum Exterior Side Yard
Setback Adjacent to Regional
Road 81 and the Daylighting
Triangle
-
0 metres
(f) Minimum Interior Side Yard
Setback Adjacent to the
Easterly Lot Line
-
3 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 188
(g) Minimum Interior Side Yard
Setback Adjacent to the
Southerly Lot Line
-
20 metres
(h) Minimum Interior Side Yard
Setback Adjacent to the
Southwesterly Lot Line
-
5 metres
(i) Maximum Encroachment for
Uncovered Decks into the
Southwesterly and Westerly
Interior Side Yards
-
3.1 metres.
6.7.12 RM1-12 (DUPLEX AND BLOCK TOWNHOUSES) Roll# No new Roll#
Notwithstanding the provisions of the Residential Multiple 1 Zone, in addition to the
permitted uses of the Residential Multiple 1 Zone, the lands indicated as RM1-12 on
Schedule 'A2' may also be used for a duplex dwelling and the duplex dwelling and block
townhouse dwellings on the lands indicated as RM1-12 on Schedule 'A2' shall be subject
to the following provisions:
(a) Minimum Lot Frontage
-
8 metres
(b) Minimum Northerly Interior Side
Yard
-
1.7 metres
(c) Minimum Southerly Interior Side
Yard
-
2.3 metres
(d) Minimum Easterly Interior Side
Yard
-
1.5 metres
(e) Minimum Westerly Rear Yard
-
3.6 metres
(f) Minimum Landscaped Open
Space
-
27%
(g) Minimum Interior Side Yard and
Minimum Rear Yard for Existing
Accessory Buildings
-
0 metres.
6.7.13 RM1-13 (BLOCK TOWNHOUSES) Roll# 040-015-29800
Notwithstanding the provisions of the Residential Multiple 1 Zone for block townhouse
dwellings, the lands indicated as RM1-13 on Schedule 'A5' shall be subject to the
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 189
following provisions:
(a) Minimum Front Yard and
Exterior Side Yard
-
0 metres
(b) Minimum Westerly Rear Yard
-
3 metres
(c) Minimum Southerly Interior Side
Yard
-
1.2 metres.
6.7.14 RM1-14 (THE FAIRGROUNDS)
Notwithstanding the provisions of the Residential Multiple 1 Zone, for street
townhouses, the lands indicated as RM1-14 on Schedule 'A2' shall be subject to the
following provisions:
6.7.15 RM1-15 (THE FAIRGROUNDS)
Notwithstanding the provisions of the Residential Multiple 1 Zone, for street
townhouses, the lands indicated as RM1-15 on Schedule 'A2' shall be subject to the
following provision:
6.7.16 RM1-16 (THE FAIRGROUNDS)
Notwithstanding the provisions of the Residential Multiple 1 Zone, the lands indicated as
RM1-16 on Schedule 'A2' may also be used for townhouses on a private street and
shall be subject to the following provisions:
(a) Maximum Lot Coverage
-
60%.
(b) Maximum Building Height
-
13 metres.
(a)
Maximum Lot Coverage
-
60%.
(a) Minimum Lot Frontage Per Unit
on a Private Street
-
5.9 metres for an interior lot and 7.5
metres for a corner lot
(b) Minimum Lot Area Per Unit
-
150 square metres for an interior lot and
200 square metres for a corner lot
(c) Minimum Yard Requirements
(i) Setback from a Private
Street
-
6 metres for a garage and 1.3 metres
for a dwelling
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 190
6.7.17 RM1-17 (BLOCK TOWNHOUSES) Roll # 030-014-18810
Notwithstanding the provisions of the Residential Multiple 1 (RM1) Zone, for block
townhouses, the lands indicated as RM1-17 on Schedule 'A5' shall be subject to the
following provisions:
(a)
Minimum Front Yard Setback for
a Dwelling Unit
-
3 metres
(b)
Minimum Interior Side Yard
Setback for a Covered Porch
from the Easterly Lot Line
-
4 metres
(c)
Minimum Interior Side Yard
Setback for a Covered Porch
from the Westerly Lot Line
-
6 metres
(d)
Minimum Rear Yard Setback for
a Covered Porch
-
2.8 metres
(e)
Minimum Rear Yard Setback for
a Dwelling Unit
-
4.3 metres.
6.7.18 RM1-18 (PARKBRIDGE) Roll # 040-016-07901
Notwithstanding the provisions of the Residential Multiple 1 (RM1) Zone the following
provisions shall apply to the lands zoned RM1-18 on Schedule 'A5':
6.7.18.1 DEFINITIONS
(a) PRIVATE ROAD means a street or road which affords the principal means
of access to existing or proposed land uses and which is maintained by
the owner of the land on a year round basis and has not been adopted as
part of the Town's road system.
(ii) Exterior Side Yard from a
Public Street
-
1.3 metres
(iii) Interior Side Yard
-
1.2 metres for an end unit. No interior
side yard is required between the
common vertical wall dividing one unit
from another
(iv) Rear Yard
-
6 metres
(d) Maximum Lot Coverage
-
60%.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 191
(b) PROPERTY BOUNDARY means a boundary line delineating the subject
lands from adjacent properties.
6.7.18.2 PERMITTED USES
(a) Townhouse dwelling
(b) Accessory open space and recreational facilities
(c) Accessory buildings and structures
6.7.18.3 NUMBER OF UNITS
(a)
The maximum number of townhouse dwelling units shall be 12.
6.7.18.4 MINIMUM BUILDING SETBACKS
(a)
Townhouse Dwelling
(i) The minimum separation distance between a townhouse dwelling and
all property boundaries shall be 7.5 metres.
(ii) The minimum separation distance from a private road shall be 6
metres.
(b)
Recreational Building
(i) The minimum separation distance between a recreational building and
all property boundaries shall be 6 metres.
(c)
Accessory Buildings
(i) The minimum separation distance between an accessory building and
all property boundaries shall be 1.5 metres.
(ii) The minimum separation distance between an accessory building and
a private road shall be 2 metres.
6.7.18.5 MAXIMUM BUILDING HEIGHT
(a)
The maximum building height for a townhouse dwelling shall be 8 metres.
6.7.18.6 PARKING
(a)
A minimum of 81 parking spaces shall be required.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 192
(b)
Minimum separation distance between a driveway or parking area and a
property boundary shall be 1.5 metres.
6.7.18.7 ACCESS AND FRONTAGE
(a)
Access and frontage for and to a building or parking lot may be from a
private road.
6.7.19 RM1-19 (KINGSWAY AT JORDAN VILLAGE) Roll # 040-011-44400
Notwithstanding the provisions of the Residential Multiple 1 (RM1) Zone, for new
dwellings, the lands indicated as RM1-19 on Schedule 'A6' shall be subject to the
following provisions:
(a)
Minimum Exterior Side Yard
Adjacent to King Street for a
Dwelling Unit
-
4.2 metres
(b) Minimum Westerly Interior Side
Yard
-
6 metres
(c) Minimum Exterior Side Yard
adjacent to King Street for a
Covered Porch
-
1.8 metres
(d) Minimum Interior Side Yard for a
Covered Porch
-
4.5 metres
(e) Minimum Interior Side Yard for
an Uncovered Deck
-
3.5 metres
(f)
Minimum Setback of a Parking
Space to a Streetline
-
3 metres.
6.7.20 RM1-20 (HENDON HOMES LTD.)
Notwithstanding the provisions of the Residential Multiple 1 (RM1) Zone, for street
townhouses, the lands indicated as RM1-20 on Schedule 'A5' shall be subject to the
following provisions:
(a)
Minimum Rear Yard
-
6 metres
(b)
Maximum Driveway Width Per
Unit
-
4 metres.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 193
6.7.21 RM1-21 (HENDON HOMES LTD.)
Notwithstanding the provisions of the Residential Multiple 1 (RM1) Zone, for block
townhouses, the lands indicated as RM1-21 on Schedule 'A5' shall be subject to the
following provisions:
(a)
Minimum Lot Area per Unit
-
185 square metres
(b)
Minimum Front Yard Setback
Adjacent to Culp Road
-
3 metres
(c)
Minimum Interior Side Yard
Setback from the Rear Wall of a
Dwelling
-
6 metres
(d)
Minimum Interior Side Yard
Setback from the Side Wall of a
Dwelling
-
1.5 metres
(e)
Minimum Rear Yard Setback for
a Dwelling
-
6 metres
(f)
Maximum Lot Coverage
-
50%.
6.7.22 RM1-22 (CHERRY HEIGHTS EXTENSION)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential Multiple 1
Zone, for street townhouse dwellings, the lands indicated as RM1-22 on Schedule 'A3'
shall be subject to the following provisions:
(a)
Minimum Lot Frontage per Unit
-
6 metres for an interior lot and 8 metres
for a corner lot
(b)
Minimum Lot Area Per Unit
-
165 square metres for an interior lot and
225 square metres for a corner lot
(c)
Minimum Front Yard Setback
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(d)
Minimum Exterior Side Yard
Setback
-
2 metres, except that where an entrance
to a garage faces an exterior side yard,
the minimum exterior side yard for the
garage shall be 6 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 194
(e)
Minimum Interior Side Yard
Setback
-
1.2 metres for end units except that
where no attached garage is provided,
the minimum side yard shall be 3
metres. No interior side yard is required
between the common vertical wall
dividing one unit from another
(f)
Minimum Front Yard and
Exterior Side Yard Setback for a
Porch and/or Steps
-
0.5 metres
(g)
Minimum Rear Yard Setback
-
6 metres
(h)
Maximum Lot Coverage
-
60%
(i)
Maximum Height
-
14 metres
(j)
The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with
the dwelling. Where the garage does protrude in front of the dwelling, it shall
not protrude more than 3 metres.
6.7.23 RM1-23 (CHERRY HEIGHTS EXTENSION)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential Multiple 1
Zone, for street townhouse dwellings, the lands indicated as RM1-23 on Schedule 'A3'
shall be subject to the following provisions:
(a) Minimum Lot Frontage per Unit
-
6 metres for an interior lot and 8 metres
for a corner lot
(b) Minimum Lot Area Per Unit
-
165 square metres for an interior lot and
225 square metres for a corner lot
(c) Minimum Front Yard Setback
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(d) Minimum Exterior Side Yard
Setback
-
2 metres, except that where an entrance
to a garage faces an exterior side yard,
the minimum exterior side yard for the
garage shall be 6 metres
(e) Minimum Interior Side Yard
Setback
-
1.2 metres for end units except that
where no attached garage is provided,
the minimum side yard shall be 3
metres. No interior side yard is required
between the common vertical wall
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 195
dividing one unit from another
(f)
Minimum Front Yard and
Exterior Side Yard Setback for a
Porch and/or Steps
-
0.5 metres
(g) Maximum Lot Coverage
-
60%
(h) The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with
the dwelling. Where the garage does protrude in front of the dwelling, it shall
not protrude more than 3 metres.
6.7.24 RM1-24 (VISTA RIDGE)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential Multiple 1
Zone, for street townhouse dwellings, the lands indicated as RM1-24 on Schedule 'A3'
shall be subject to the following provisions:
(a)
Minimum Lot Frontage per Unit
-
5.4 metres for an interior lot and 7.5
metres for a corner lot
(b)
Minimum Lot Area Per Unit
-
150 square metres for an interior lot and
210 square metres for a corner lot
(c)
Minimum Front Yard Setback
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(d)
Minimum Exterior Side Yard
Setback
-
1.8 metres, except that where an
entrance to a garage faces an exterior
side yard, the minimum exterior side
yard for the garage shall be 6 metres
(e)
Minimum Interior Side Yard
Setback
-
1.2 metres for end units except that
where no attached garage is provided,
the minimum side yard shall be 3
metres. No interior side yard is required
between the common vertical wall
dividing one unit from another
(f)
Minimum Front Yard and
Exterior Side Yard Setback for a
Porch and/or Steps
-
0.4 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 196
(g)
Maximum Lot Coverage
-
60%
(h)
Maximum Number of Units that
are Attached Vertically
-
9 units
(i)
The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with
the dwelling. Where the garage does protrude in front of the dwelling, it shall
not protrude more than 3 metres.
6.7.25 RM1-25 (VISTA RIDGE)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential Multiple 1
Zone, for townhouse dwellings on a private road, the lands indicated as RM1-25 on
Schedule 'A3' shall be subject to the following provisions:
(a)
Minimum Lot Frontage per Unit
-
5.4 metres for an interior lot and 6.8
metres for a corner lot
(b)
Minimum Lot Area Per Unit
-
145 square metres for an interior lot and
185 square metres for a corner lot
(c)
Maximum Density
-
60 units per hectare
(d)
Minimum Yard Requirements
(i) Front Yard from a Public or
Private Street
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(ii) Exterior Side Yard from a
Public or Private Street
-
1.8 metres
(iii) Interior Side Yard
-
1.2 metres for an end unit. No interior
side yard is required between the
common vertical wall dividing one unit
from another
(iv) Minimum Front Yard and
Exterior Side Yard from a
Public or Private Road for a
Porch and/or steps
-
0.4 metres
(v) Minimum Rear Yard
-
6 metres
(e) Maximum Lot Coverage
-
60%
(f)
Maximum Height
-
10.5 metres except that a maximum
height of 13.5 metres is permitted for
the units facing Connor Drive
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 197
(g)
Where the garage faces a public street, the garage shall not protrude in front of
the dwelling unless there is a habitable room over the garage or there is a
porch or verandah constructed in line with the dwelling. Where the garage
does protrude in front of the dwelling, it shall not protrude more than 3 metres.
(h)
For the purpose of the regulations contained in Sections 2, 3, 4 and 6, Connor
Drive shall be deemed to be the front lot line and the boundary of the RM1-25
Zone shall be deemed to be the lot lines for this purpose, and the regulations of
the RM1-25 Zone, including, but not limited to, lot frontage, lot area, density,
minimum yards, lot coverage, landscaped open space, parking, accessory
buildings, building separation, etc., shall be from the boundaries of this zone,
and not from individual property boundaries of dwelling units created by
registration of a condominium plan or created by part lot control.
6.7.26 RM1-26 (VISTA RIDGE)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential Multiple 1
Zone, for townhouse dwellings on a private road, the lands indicated as RM1-26 on
Schedule 'A3' shall be subject to the following provisions:
(a) Minimum Lot Frontage per Unit
-
5.4 metres for an interior lot and 6.8
metres for a corner lot
(b) Minimum Lot Area Per Unit
-
145 square metres for an interior lot and
185 square metres for a corner lot
(c)
Maximum Density
-
60 units per hectare
(d) Minimum Yard Requirements
(i) Front Yard from a Public or
Private Street
-
3 metres, except that the minimum
setback for the garage shall be 6 metres
(ii) Exterior Side Yard from a
Public or Private Street
-
1.8 metres
(iii) Interior Side Yard
-
1.2 metres for an end unit. No interior
side yard is required between the
common vertical wall dividing one unit
from another
(iv) Minimum Front Yard and
Exterior Side Yard from a
Public or Private Road for a
Porch and/or steps
-
0.4 metres
(v) Minimum Rear Yard
-
6 metres
(e) Maximum Lot Coverage
-
60%
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 198
(f)
Where the garage faces a public street, the garage shall not protrude in front of
the dwelling unless there is a habitable room over the garage or there is a
porch or verandah constructed in line with the dwelling. Where the garage
does protrude in front of the dwelling, it shall not protrude more than 3 metres.
(g) For the purpose of the regulations contained in Sections 2, 3, 4 and 6, Highland
Park Drive shall be deemed to be the front lot line and the boundary of the
RM1-26 Zone shall be deemed to be the lot lines for this purpose, and the
regulations of the RM1-26 Zone, including, but not limited to, lot frontage, lot
area, density, minimum yards, lot coverage, landscaped open space, parking,
accessory buildings, building separation, etc., shall be from the boundaries of
this zone, and not from individual property boundaries of dwelling units created
by registration of a condominium plan or created by part lot control.
6.7.27 RM1-27 (VISTA RIDGE)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential Multiple 1
Zone, the lands indicated as RM1-27 on Schedule 'A3' may be used for street
townhouses and back-to-back townhouses (maisonettes) on a private road and shall be
subject to the following provisions:
(a) Minimum Lot Frontage Per Unit
-
4.5 metres for an interior lot and 5.9
metres for a corner lot
(b) Minimum Lot Area Per Unit
-
79 square metres for an interior lot and
110 square metres for a corner lot
(c) Maximum Density
-
70 units per hectare
(d) Minimum Front Yard Setback
-
2.5 metres, except that the minimum
setback for the garage shall be 6
metres
(e) Minimum Exterior Side Yard
Setback
-
1.8 metres, except that where an
entrance to a garage faces an exterior
side yard, the minimum exterior side
yard for the garage shall be 6 metres
(f) Minimum Interior Side Yard
Setback
-
1.2 metres for end units except that
where no attached garage is provided,
the minimum side yard shall be 3
metres. No interior side yard is required
between the common vertical wall
dividing one unit from another
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 199
(g) Minimum Front Yard and
Exterior Side Yard Setback for a
Porch and/or Steps
-
0.4 metres
(h) Minimum Rear Yard Setback for
the Maisonettes (back-to-back)
-
No rear yard is required between the
common vertical wall dividing one unit
from another
(i) Maximum Lot Coverage
-
65%
(j) Maximum Building Height
-
13.5 metres
(k) Maximum Number of Units that
are Attached Vertically for
Maisonettes (back-to-back)
-
14 units
(l) The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with
the dwelling. Where the garage does protrude in front of the dwelling, it shall
not protrude more than 3 metres.
6.7.28 RM1-28 (VISTA RIDGE)
Notwithstanding the provisions of Sections 3.10 and 3.42 and the Residential Multiple 1
Zone, for street townhouse dwellings, the lands indicated as RM1-28 on Schedule 'A3'
shall be subject to the following provisions:
(a) Minimum Lot Frontage per Unit
-
4.5 metres for an interior lot and 5.9
metres for a corner lot
(b) Minimum Lot Area Per Unit
-
122 square metres for an interior lot and
350 square metres for a corner lot
(c) Minimum Front Yard Setback
-
2.5 metres, except that the minimum
setback for the garage shall be 6 metres
(d) Minimum Exterior Side Yard
Setback
-
1.8 metres, except that where an
entrance to a garage faces an exterior
side yard, the minimum exterior side
yard for the garage shall be 6 metres
(e) Minimum Interior Side Yard
Setback
-
1.2 metres for end units except that
where no attached garage is provided,
the minimum side yard shall be 3
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 200
metres. No interior side yard is required
between the common vertical wall
dividing one unit from another
(f) Minimum Front Yard and
Exterior Side Yard Setback for a
Porch and/or Steps
-
0.4 metres
(g) Maximum Lot Coverage
-
60%
(h) The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with
the dwelling. Where the garage does protrude in front of the dwelling, it shall
not protrude more than 3 metres.
6.7.29 RM1-29 (VISTA RIDGE)
Notwithstanding the provisions of Section 3.10 and Section 3.42 and the Residential
Multiple 1 Zone, for street townhouse dwellings, the lands indicated as RM1-29 on
Schedule 'A3' shall be subject to the following provisions:
(a) Minimum Lot Frontage per Unit
-
5.4 metres for an interior lot and 7.5
metres for a corner lot
(b) Minimum Lot Area Per Unit
-
150 square metres for an interior lot and
210 square metres for a corner lot
(c)
Minimum Front Yard Setback
-
2.5 metres, except that the minimum
setback for the garage shall be 6 metres
(d) Minimum Exterior Side Yard
Setback
-
1.8 metres, except that where an
entrance to a garage faces an exterior
side yard, the minimum exterior side
yard for the garage shall be 6 metres
(e) Minimum Interior Side Yard
Setback
-
1.2 metres for end units except that
where no attached garage is provided,
the minimum side yard shall be 3
metres. No interior side yard is required
between the common vertical wall
dividing one unit from another
(f)
Minimum Front Yard and
Exterior Side Yard Setback for a
Porch and/or Steps
-
0.4 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 201
(g) Minimum Rear Yard
5.5 metres
(h) Maximum Lot Coverage
-
60%
(i)
The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with
the dwelling. Where the garage does protrude in front of the dwelling, it shall
not protrude more than 3 metres.
6.7.30 RM1-30 (ACCESSORY APARTMENT DWELLING UNIT)
Notwithstanding the provisions of the Residential Multiple Zone, an accessory
apartment dwelling unit may be permitted within an accessory structure on the lands
indicated as RM1-30 on Schedule 'A3' of this by-law. The accessory structure shall be
subject to the following provisions:
(a) Maximum Building Height
-
10 metres
(b) Maximum Lot Coverage for an
Accessory Structure
-
13%
6.7.31 RM1-31 (BLOCK TOWNHOUSES)
Notwithstanding the provisions of the Residential Multiple 1 Zone, for block townhouses,
the lands indicated as RM1-31 on Schedule 'A5' may also be used for accessory
apartment dwellings within a cellar of a townhouse dwelling and shall be subject to the
following provisions:
(a) Maximum Number of Accessory
Apartment Dwelling Units within
a Townhouse Dwelling
-
1 per townhouse dwelling to a maximum
of 4 units in total
(b) Minimum Lot Frontage
-
11.5 metres
(c)
Minimum Lot Area Per Unit
-
150 square metres
(d) Maximum Density
-
29 units per hectare
(e) Minimum Interior Side Yard
-
1.8 metres from the westerly lot line and
1.2 metres from the easterly lot line,
including covered and uncovered
porches/decks. 6 metres from the
southerly lot line for a dwelling unit and
3 metres for an uncovered deck
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 202
(f)
Rear Yard
-
6 metres from a dwelling unit and 3
metres for an uncovered deck from the
northerly lot line
(g) Minimum Dwelling Unit Area for
an Accessory Apartment
Dwelling
-
75 square metres.
6.7.32 RM1-32 (PHELPS HOMES LTD.)
Notwithstanding the provisions of the Residential Multiple 1 (RM1) Zone, the lands may
also be used for single detached dwellings in addition to townhouse dwellings on a
private road and shall be subject to the following provisions:
General Provisions
(a) Maximum Number of Dwelling
Units
-
28 single detached dwellings, 17
townhouse dwellings
(b) Minimum Lot Frontage on a
Public Street
-
20 metres
(c)
Maximum Lot Coverage
-
40%
Single Detached Dwellings
(a) Minimum Lot Frontage on a
Private Street
-
13 metres
(b) Minimum Lot Area Per Dwelling
Unit
-
361 square metres
(c)
Minimum Yard Requirements
(i)
Front Yard Setback to a
Private Road
-
3.4 metres for a dwelling, 2.5 metres
from an unenclosed porch, 6 metres for
a garage front wall, 3.6 metres for a
garage side wall
(ii) Minimum Side/Rear Yard
Setback
-
5.7 metres from rear walls, 3 metres
from a covered deck and 1.5 metres
from side walls
(iii) Minimum Distance Between
Dwelling Units
-
2.4 metres from side walls, 11.7 metres
from rear walls
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 203
(d) Maximum Building Height
-
9 metres
(e) Minimum Floor Area
-
121 square metres.
Townhouse Dwellings
(a) Minimum Lot Frontage on a
Private Street
-
7.9 metres
(b) Minimum Lot Area Per Dwelling
Unit
-
229 square metres
(c)
Minimum Yard Requirements
(i)
Front Yard Setback to a
Private Road
-
6 metres
(ii) Minimum Side Yard
Setback from the Side Wall
of a Dwelling
-
13.6 metres
(iii) Minimum Side Yard
Setback from the Side Wall
of a Dwelling to a Private
Road
-
1 metre
(iv) Minimum Distance between
Dwelling Units
-
11.9 metres from rear walls, no interior
side yard is required between the
common vertical wall dividing one unit
from another
(v) Minimum Front Yard
Setback for an Unenclosed
Porch to a Private Road
-
2.5 metres
(d) Maximum Building Height
-
9 metres
(e) Minimum Floor Area
-
112 square metres
6.7.33 RM1-33 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the Residential Multiple 1 Zone, the following shall apply
to the lands indicated as RM1-33 on Schedule 'A4':
6.7.33.1 DEFINITIONS
(a)
DWELLING, STACKED TOWNHOUSE means a building divided vertically
and horizontally into not less than four but not more than twenty four
dwelling units by solid common walls with a maximum horizontal distance of
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 204
fifty five metres. Each dwelling unit shall have its own entrance with direct
access to grade.
(b)
DWELLING, BACK-TO-BACK TOWNHOUSE means a building divided
vertically into not less than four but not more than sixteen dwelling units by
common walls, including a common rear wall without a rear yard, of which
each dwelling unit has its own entrance with direct access to grade.
(c)
VISITOR PARKING means parking spaces for the exclusive use of visitors
to the lot and or building. Visitors parking shall be located on the same lot
on which the building is located or within the common elements to the
building.
6.7.33.2 PERMITTED USES
(a)
Block Townhouse dwelling
(b)
Back-to-Back Townhouse dwelling
(c)
Stacked Townhouse dwelling
6.7.33.3 ALL DWELLINGS
(a) Minimum Density
-
35 units per hectare
(b) Maximum Density
-
75 units per hectare
(c)
Maximum Building Height
-
4 storeys up to a maximum of 14 metres
for a flat roof building and 18 metres for
a peaked roof building
(d) Minimum Landscaped Open
Space
-
30%
(e) Minimum Parking Requirements
-
1.25 spaces per dwelling unit plus 0.3
visitor parking spaces per dwelling unit
(f)
Minimum outdoor amenity space
-
10.0 square metres per dwelling unit
(g)
The garage shall not protrude in front of the dwelling unless there is a habitable
room over the garage or there is a porch or verandah constructed in line with the
dwelling. Where the garage does protrude in front of the dwelling, it shall not
protrude more than 2 metres.
6.7.33.4 BLOCK TOWNHOUSES
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 205
(a)
Minimum Lot Area Per Unit
-
180 square metres
(b)
Minimum Lot Frontage Per Unit
-
6 metres for an interior lot and 9 metres
for a corner lot
(c)
Minimum Yard Requirements
(i)
Front Yard
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(ii) Interior Side Yard
-
2.25 metres
(iii) Exterior Side Yard
-
3 metres
(iv) Rear Yard
-
7 metres
(d)
The garage shall not exceed 60% of the width of the dwelling unit.
6.7.33.5
STACKED TOWNHOUSES
(a)
Minimum Lot Frontage on a
Public or Private Street
-
35 metres
(b)
Minimum Yard Requirements
(i) Setback to a Public or
Private Street
-
4.5 metres, except that the minimum
setback for the garage shall be 6 metres
(ii) Interior Side Yard
-
3 metres
(iii) Rear Yard
-
7 metres
(c)
Minimum Width of Planting Strip -
3 metres, adjacent to the rear lot line,
where the rear yards of separate
stacked townhouse buildings share a
rear lot line
(d)
Maximum Building Length
-
50 metres
(e)
Minimum Separation Distance
between the front or rear wall of
a building to the front or rear
wall of another building
-
12 metres
(f)
Minimum separation distance
-
9 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 206
between the side wall of a
building to the front or rear wall
of another building
(g)
Minimum separation distance
between the side wall of a
building to another
-
3 metres.
6.7.33.6
BACK-TO-BACK TOWNHOUSE DWELLINGS
(a)
Minimum Lot Area Per Unit
-
75 square metres
(b)
Minimum Lot Frontage Per Unit
(c)
Minimum Yard Requirements
-
6.7 metres for an interior lot and 9.7
metres for a corner lot
(i) Setback from a Private
Street
-
4.5 metres for a dwelling and 6 metres
for a garage
(ii) Interior Side Yard
-
2.25 metres. No interior side yard is
required between the common vertical
wall dividing one unit from another
(iii) Exterior Side Yard
-
3 metres
(iv) Rear Yard
-
0 metres
(d)
Minimum Separation Distance
between the front or rear wall of
a building to the front or rear
wall of another building
-
12 metres
(e)
Minimum separation distance
between the side wall of a
building to the front or rear wall
of another building
-
9 metres
(f)
Minimum separation distance
between the side wall of a
building to another
-
3 metres
(g)
The garage shall not exceed 60% of the width of the dwelling unit.
6.7.34 RM1-34 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the Residential Multiple 1 Zone and Subsection 6.7
Special Provisions, the regulations of Subsection 6.7.33 shall apply to the lands indicated
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
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as RM1-34 on Schedule 'A4', with the exception of the following:
(a)
Maximum Building Height
-
3 storeys up to a maximum of 14
metres, except that the maximum height
adjacent to an Environmental
Conservation Zone shall be 2.5 storeys
up to a maximum of 11 metres
(b)
Minimum Yard Setback adjacent
to an Environmental
Conservation Zone
-
7.5 metres
(c)
Minimum Yard Setback adjacent
to North Service Road
-
14 metres
(d)
Minimum Width of Planting Strip
Adjacent to North Service Road
-
4.5 metres
6.7.35 RM1-35 (STREET TOWNHOUSES)
Notwithstanding the provisions of the Residential Multiple 1 Zone, for street
townhouses, the lands indicated as RM1-35 shall be subject to the following provisions:
(a) Minimum Front Yard Setback
-
3 metres for the dwelling and 6 metres
for the garage
(b) Minimum Interior Side Yard
Setback
-
1.2 metres for end units.
6.7.36 RM1-36 (BLOCK TOWNHOUSES)
Notwithstanding the provisions of the Residential Multiple 1 Zone, for block townhouses,
the lands indicated as RM1-36 shall be subject to the following provisions:
(a) Minimum Lot Area per Dwelling
Unit
-
158 square metres
(b) Minimum Front Yard Setback
-
5 metres
(c) Minimum Southerly Rear Yard
-
1.5 metres
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RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
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(d) Minimum Westerly Interior Side
Yard
-
5.1 metres
(e) Minimum Dwelling Unit Area
-
75 square metres.
6.7.37 RM1-37 (BLOCK TOWNHOUSES)
Notwithstanding the provisions of the Residential Multiple 1 Zone, for block townhouses,
the lands indicated as RM1-37 shall be subject to the following provisions:
(a) Minimum Lot Area per Dwelling
Unit
-
226 square metres
(b) Maximum Density
-
45 units per hectare
(c) Minimum Front Yard Setback
-
2.7 metres
(d) Minimum Interior Side Yard
Setback
-
7 metres (units 1-6),
7.4 metres (units 7-12),
4.3 metres (unit 13),
2.4 metres (unit 18)
(e) Minimum Rear Yard Setback
-
6.2 metres.
6.8
Zone Exceptions (Residential Multiple 2)
6.8.1 RM2-1 (HERITAGE VILLAGE) Roll #'s 040-015-20101 to 040-015-20165, 040-
015-25105, 040-015-25200
Notwithstanding the provisions of the Residential Multiple 2 Zone, the lands indicated as
RM2-1 on Schedule A5 shall be subject to the following provisions:
(a) Minimum Lot Area per Dwelling
Unit
-
75 square metres
(b) Maximum Density
-
132 units per hectare
(c) Minimum Front Yard
-
0 metres
(d) Minimum Exterior Side Yard
-
0 metres
(e) Minimum Interior Side Yard
-
0 metres
(f) Minimum Rear Yard
-
6 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
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(g) Minimum Setback for Covered
Corridor Walkway
-
0 metres
(h) Maximum Lot Coverage
-
45%
(i) Minimum Dwelling Unit Area
(i)
One Bedroom Unit
-
51 square metres
(j) Maximum Building Height
-
4 storeys
(k) Parking
(i)
Residential Use
(ii) Heritage Club
-
-
1 space per dwelling unit
20 spaces.
6.8.2 RM2-2 (HERITAGE VILLAGE) Roll #'s 040-015-29200, 040-015-29300, 040-015-
29600, 040-015-29700 (no new Roll #'s)
Notwithstanding the provisions of the Residential Multiple 2 Zone, the lands indicated as
RM2-2 on Schedule 'A5' may also be used for block townhouse dwellings, street
townhouse dwellings and recreational uses in addition to those uses permitted in the
Residential Multiple 2 Zone and shall also be subject to the following provisions:
6.8.2.1 RECREATIONAL USE
In accordance with the provisions of the Open Space Zone, except as follows:
(a) Minimum Setback for Covered
Corridor Walkway
-
0 metres.
(b) Frontage and Access is permitted from a private road.
6.8.2.2 BLOCK TOWNHOUSE DWELLINGS
In accordance with the provisions of the Residential Multiple 1 Zone, except as follows:
(a) Maximum Number of Dwelling
Units Attached Vertically
-
20 units
(b) Minimum Front Yard
-
0 metres
(c) Minimum Exterior Side Yard
-
0 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 210
(d) Minimum Interior Side Yard
-
3.3 metres
(e) Minimum Rear Yard
-
3.3 metres
(f) Minimum Setback for Covered
Corridor Walkway
-
0 metres
(g) Frontage and Access is Permitted from a Private Road.
6.8.2.3 STREET TOWNHOUSE DWELLINGS
In accordance with the provisions of the Residential Multiple 1 Zone, except as follows:
(a) Maximum Number of Dwelling
Units Attached Vertically
-
11 units
(b) Minimum Front Yard
-
0 metres
(c) Minimum Exterior Side Yard
-
0 metres
(d) Minimum Rear Yard
-
3.3 metres
(e) Minimum Setback for Covered
Corridor Walkway
-
0 metres
(f) Minimum Rear Yard Setback for
an Attached or Detached
Garage
-
0 metres
(g) Maximum Lot Coverage
-
55%.
6.8.3 RM2-3 (DAYCARE CENTRE) Roll # 020-025-01000
Notwithstanding the provisions of the Residential Multiple 2 Zone, in addition to the
permitted uses of the Residential Multiple 2 Zone, the lands indicated as RM2-3 on
Schedule 'A3' may also be used for a daycare centre having a maximum of nineteen
children at any one time.
6.8.4 RM2-4 (HERITAGE VILLAGE) Roll # pt 040-015-24300
Notwithstanding the provisions of the Residential Multiple 2 Zone, the lands indicated as
RM2-4 on Schedule 'A5' shall be subject to the following provisions:
(a) Minimum Front Yard Setback
-
0 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 211
(b) Minimum Setback for Covered
Corridor Walkway
-
0 metres
(c) Maximum Lot Coverage
-
50%.
6.8.5 RM2-5 (HERITAGE VILLAGE) Roll # pt 040-015-29905
Notwithstanding the provisions of the Residential Multiple 2 Zone, the lands indicated as
RM2-5 on Schedule 'A5' shall be subject to the following provisions:
(a) Minimum Lot Area per Dwelling
Unit
-
75 square metres
(b) Maximum Density
-
132 units per hectare
(c) Minimum Front Yard Adjacent to
John Charles Blvd.
-
0 metres
(d) Minimum Yard for Covered
Corridor Walkway
-
0 metres
(e) Maximum Lot Coverage
-
45%
(f) Minimum Floor Area
(i) One Bedroom Unit
-
51 square metres.
6.8.6 RM2-6 (CHERRY HILL HOME FOR THE AGED) Roll #'s 040-016-07900, 040-
016-07901
Notwithstanding the provisions of the RM2 Zone or any other provision contained herein
to the contrary, the following shall apply to the lands zoned RM2-6 on Schedule 'A5':
6.8.6.1 DEFINITION
(a)
PRIVATE ROAD means a street or road which affords the principal means
of access to existing or proposed land uses and which is maintained by
the owner of the land on a year-round basis and has not been adopted as
part of the Towns road system.
6.8.6.2 PERMITTED USES
(a)
Home for the aged and retirement home.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 212
(b)
Accessory doctor and nurses services within a home for the aged or
retirement home.
(c)
Accessory open space and recreational facilities.
(d)
Pharmacy within a home for the aged or retirement home.
(e)
Convenience store within a home for the aged or retirement home.
6.8.6.3 NUMBER OF UNITS
The maximum number of units within a home for the aged or retirement home shall be
168.
6.8.6.4 MINIMUM BUILDING SETBACKS
(a)
The minimum separation distance between a home for the aged or
retirement home and all property boundaries shall be 6 metres.
(b)
The minimum separation distance between an accessory building and all
property boundaries shall be 1.5 metres.
(c)
The minimum separation distance from a private road shall be 9 metres.
6.8.6.5 PARKING
(a)
A minimum of 71 parking spaces shall be required.
(b)
Minimum separation distance between a driveway or parking area and the
boundary of any other residential Zone, or property boundary, or lands
used for recreational purposes shall be 1.5 metres.
6.8.6.6 ACCESS AND FRONTAGE
Access and frontage for and to a building or parking lot may be from a private road.
6.8.7 RM2-7 (UNITED MENNONITE HOME FOR THE AGED) Roll # 030-014-00700
Notwithstanding the provisions of the Residential Multiple 2 Zone, the lands indicated as
RM2-7 on Schedule 'A5', shall be subject to the following provisions:
(a) Minimum Exterior Side Yard
Setback Adjacent to Simons
Lane
-
0 metres.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 213
(b) Minimum Southerly Interior Side
Yard Setback for a one-storey
building link having a maximum
width of 25 metres
-
0 metres.
6.8.8 RM2-8 (RETIREMENT HOME) Roll # 040-015-25100
6.8.8.1
Notwithstanding the provisions of the Residential Multiple 2 Zone, in addition to the
permitted uses of the Residential Multiple 2 Zone, the lands indicated as RM2-8 on
Schedule 'A5' may also be used for a Retirement Home.
6.8.8.2
Notwithstanding the provisions of the Residential Multiple 2 Zone, the lands indicated as
RM2-8 on Schedule 'A5' shall be subject to the following provisions:
(a)
Minimum Front Yard
-
0 metre
(b)
Minimum Exterior Side Yard
-
0 metres
(c)
Minimum Northerly Interior Side
Yard
-
12 metres, except that the minimum
northerly interior side yard shall be 7.5
metres for the first 20 metres as
measured westward from the northeast
corner of the property lines
(d)
Minimum for all other Interior
Side Yards
-
0. metres
(e)
Minimum Rear Yard
-
6 metres
(f)
Minimum Setback for Covered
Corridor Walkway
-
0 metres
(g)
Maximum Building Height
-
4 storeys.
6.8.9 RM2-9 (ORCHARD VIEW APARTMENTS) no new Roll #
Notwithstanding the provisions of the Residential Multiple 2 Zone, the existing
apartment dwelling on the lands indicated as RM2-9 on Schedule 'A5', shall be subject
to the following provisions:
(a) Minimum Lot Area
-
4224 square metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 214
(b) Minimum Interior Side Yard
Setback from Southerly Lot Line
-
0 metres
(c) Minimum Interior Side Yard
Setback from Northerly Lot Line
-
10 metres
(d) Minimum Northerly Interior Side
Yard Setback for a one-storey
building link having a maximum
width of 4 metres.
-
0 metres
(e) Minimum Rear Yard Setback
-
5.8 metres
(f) Minimum Parking Requirement
-
33 spaces.
6.8.10 RM2-10 (CONTINENTAL CONDOMINIUM) Roll #030-014-22501
Notwithstanding the provisions of the Residential Multiple 2 Zone, the existing
apartment dwelling on the lands indicated, as RM2-10 on Schedule 'A5' shall be subject
to the following provisions:
(a) Minimum Westerly Interior Side
Yard Setback
-
4.3 metres
(b) Minimum Dwelling Unit Area
-
42 square metres
(c)
Minimum Parking Required
-
22 spaces
(d) Minimum Parking Setback from
Streetline
-
1.8 metres
(e) Minimum Parking Setback and
Minimum Width of Planting Strip
Adjacent to Easterly Property
Line
-
0.6 metres
(f)
Minimum Width of Parking Aisle
-
6 metres
(g) An existing accessory building and garbage enclosure may encroach into a 3
metre wide planting strip provided a minimum setback of 0.6 metres is provided
adjacent to the southerly property line.
6.8.11 RM2-11 (SINGLE DETACHED DWELLING) Roll #'s 020-024-12000 and no new
Roll #
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 215
Notwithstanding the provisions of the Residential Multiple 2 Zone, the lands indicated as
RM2-11 on Schedule 'A3' may also be used for a single detached dwelling in
accordance with the provisions of the Residential 2 (R2) Zone.
6.8.12 RM2-12 (DUPLEX AND BLOCK TOWNHOUSES) Roll # No new Roll #
Notwithstanding the provisions of the Residential Multiple 2 Zone, for an apartment
dwelling, the lands indicated as RM2-12 on Schedule 'A2' shall be subject to the
following provisions:
(a) Minimum Lot Frontage
-
27 metres
(b) Minimum Northerly Interior Side
Yard
-
1.5 metres
(c)
Minimum Southerly Interior Side
Yard
-
0.7 metres
(d) Minimum Westerly Rear Yard
-
1.5 metres
(e) Minimum Width of Planting Strip
-
0.5 metres
(f)
Minimum Parking Setback from
Streetline
-
2.4 metres
(g) Minimum Parking Aisle Width
-
0 metres
(h) Minimum Length of Parking
Space
-
5.5 metres.
6.8.13 RM2-13 (APARTMENT DWELLING) Roll # 030-009-06200
Notwithstanding the provisions of the Residential Multiple 2 Zone, for an apartment
dwelling, the lands indicated as RM2-13 on Schedule 'A7' shall be subject to the
following provisions:
(a) Maximum Number of Dwelling
Units
-
6
(b) Minimum Lot Frontage
-
20 metres
(c)
Minimum Front Yard Setback
for an Existing Building
-
0 metres.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 216
(d) Minimum Exterior Side Yard
Setback for an Existing Building
-
0 metres
(e) Minimum Interior Side Yard for
an Existing Building
-
1.2 metres
(f)
Minimum Width of Planting
Strip Abutting a R1 or R2 Zone
-
1.2 metres
(g) Minimum Setback of Parking
Area from the Streetline
-
2.5 metres
(h) Minimum Setback of Parking
Area from a R1 or R2 Zone
-
1.2 metres.
6.8.14 RM2-14 (APARTMENT DWELLING) Roll # 010-023-21300
Notwithstanding the provisions of the Residential Multiple 2 Zone, the lands indicated as
RM2-14 on Schedule 'A1' shall be subject to the following provisions:
(a)
Minimum Front Lot Frontage
-
18.5 metres
(b)
Minimum Lot Area Per Unit
-
107 square metres
(c)
Maximum Density
-
93 units per hectare
(d)
Minimum Yard Requirements
(i) Front Yard
(ii) Interior Side Yard
-
-
2 metres
1 metre
(e)
Minimum Planting Strip Width
-
0.5 metres on the north and 1.5 metres
on the east
(f)
Parking Space/Driveway
Setback from a Residential
Zone
-
0.9 metres
(g)
Parking Space Setback from
May Street
-
0.2 metres.
6.8.15 RM2-15 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the Residential Multiple 2 Zone, the following shall
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 217
apply to the lands indicated as RM2-15 on Schedule 'A4':
6.8.15.1 DEFINITIONS
(a)
MAIN WALL means a primary exterior front, rear or side wall of a building,
not including permitted projections.
(b)
VISITOR PARKING means parking spaces for the exclusive use of visitors
to the lot and or building. Visitors parking shall be located on the same lot
on which the building is located or within the common elements to the
building.
(c)
PUBLIC PARKING means off-street parking spaces available for public
use with or without a fee, and excludes the minimum parking required for
uses as per Subsection 4.1.
6.8.15.2 PERMITTED USES
(a)
Apartment Dwelling
(b)
Hotel
(c)
Community facilities
6.8.15.3
PROVISIONS
(a) Minimum Density
-
75 units per hectare
(b) Maximum Density
-
250 units per hectare
(c) Minimum Lot Area
-
5,000 square metres
(d) Minimum Lot Frontage
-
30 metres
(e) Minimum Building Height
-
3 storeys and a minimum building height
of 10.5 metres
(f) Maximum Building Height
-
12 storeys up to a maximum of 42
metres. Notwithstanding the maximum
building height, the façade of the
building facing a public street shall
include step-backs of a minimum of 2
metres above the third storey
-
The number of building storeys
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 218
permitted shall be in addition to any
storey that has a minimum 80% gross
floor area used for parking facilities
including stairs, elevators, mechanical
facilities, bicycle parking, and locker
storage areas
(g) Maximum Floor Area Per Floor
-
Above 7 storeys, the maximum floor
area shall be 2,000 square metres per
floor of the building tower
(h) Maximum Lot Coverage
-
55%, excluding any parking garage area
(i) Minimum Landscaped Open
Space
-
30%
(j) Minimum Width of Planting Strip
-
3 metres adjacent to RM1 Zone
(k) Maximum Main Wall Building
Length
-
65 metres before a break in the main
wall of no less than 5 metres in width by
2 metres in depth
(l) Minimum Yard Requirements
(i) Yard abutting a Public Street
(ii) Yard abutting an RM1 Zone
and GC Zone
-
-
3 metres
50% of the building height facing the
abutting zone
(m) Maximum Yard abutting a Public
Street
-
12 metres
(n) Minimum Amenity Area
Required
-
4 square metres per dwelling unit
(o) Minimum Parking Requirements
-
1.25 spaces per dwelling unit plus 0.25
visitor spaces per dwelling unit
-
Where public parking spaces are
provided on the same lot on which the
use is located, the number of public
parking spaces provided may be used
towards the required number of visitor
parking spaces
-
All other uses in accordance with the
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 219
provisions of Section 4
(p) Minimum Bicycle Parking
Requirements
-
0.15 long-term bicycle parking spaces
per dwelling unit. Long-term bicycle
parking spaces shall be for the use of
occupants of a building and shall be
located in a secure enclosed bicycle
parking area
(q) Any surface parking area, not including a driveway, shall be prohibited in the
first 15 m of the lot line facing any public street.
(r)
A minimum of 35% of the building façade on the ground floor that is oriented
toward a public street shall be occupied by glazing, doors, and or green wall.
6.8.16 RM2-16 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the Residential Multiple 2 Zone, the following shall
apply to the lands indicated as RM2-16 on Schedule 'A4':
6.8.16.1 DEFINITIONS
(a) VISITOR PARKING means parking spaces for the exclusive use of visitors
to the lot and or building. Visitors parking shall be located on the same lot
on which the building is located or within the common elements to the
building.
6.8.16.2 PERMITTED USES
(a) Apartment Dwelling
(b) Hotel
(c) Community facilities
6.8.16.3 PROVISIONS
(a) Minimum Density
-
100 units per hectare
(b) Maximum Density
-
350 units per hectare
(c) Minimum Building Height
-
3 storeys and 10.5 metres
(d) Maximum Building Height
-
15 storeys to a maximum of 52.5
metres. Notwithstanding the maximum
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 220
building height, the façade of the
building facing a collector road shall
include step-backs of a minimum of 2
metres above the third storey
-
The number of building storeys
permitted shall be in addition to any
storey that has a minimum 80% gross
floor area used for parking facilities
including stairs, elevators, mechanical
facilities, bicycle parking, and locker
storage areas
(e) Minimum Yard Setback Abutting
a Public Street
-
3 metres
(f) Minimum Interior Side Yard
-
10 metres
(g) Maximum Yard Setback Abutting
a Public Street
-
12 metres, except where the yard abuts
North Service Road, the maximum yard
setback shall be 20 metres
(h) Minimum Landscaped Open
Space
-
25%
(i) Maximum Lot Coverage
-
50%, excluding any parking garage area
(j) Minimum Width of a Planting
Strip Adjacent to a RM2 Zone
-
3 metres
(k) Minimum Width of a Planting
Strip Adjacent to North Service
Road
-
4.5 metres
(l) Minimum Amenity Area
Required
-
4 square metres per dwelling unit
(m) A minimum of 40% of the lot frontage adjacent to a collector road shall be
occupied by a main wall.
(n)
A minimum of 40% of the building façade on the ground floor, and 25% of the
building façade for floors above the ground floor, that is oriented toward a
public street shall be occupied by glazing, doors, and or green wall.
(o)
All parking spaces, parking areas, ramps or driveways shall be located to the
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 221
rear of all buildings. Surface parking areas shall be fully screened from view
from North Service Road by means of landscaping features.
(p) Minimum Building Height
-
1.25 spaces per dwelling unit plus 0.25
visitor spaces per dwelling unit
-
Where public parking spaces are
provided on the same lot on which the
use is located, the number of public
parking spaces provided may be used
towards the required number of visitor
parking spaces
-
All other uses in accordance with the
provisions of Section 4
(q) Minimum Bicycle Parking
Requirements
-
.15 long-term bicycle parking spaces per
dwelling unit. Long-term bicycle parking
spaces shall be for the use of occupants
of a building and shall be located in a
secure enclosed bicycle parking area.
6.8.17 RM2-17 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the Residential Multiple 2 Zone, the following shall
apply to the lands indicated as RM2-17 on Schedule 'A4':
6.8.17.1 PERMITTED USES
(a)
Apartment Dwelling
(b)
Hotel
(c)
Community facilities
6.8.17.2 PROVISIONS
(a) Minimum Density
-
100 units per hectare
(b) Maximum Density
-
350 units per hectare
(c) Minimum Building Height
-
12 storeys
(d) Maximum Building Height
-
18 storeys to a maximum of 63 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 222
-
The number of building storeys
permitted shall be in addition to any
storey that has a minimum 80% gross
floor area used for parking facilities
including stairs, elevators, mechanical
facilities, bicycle parking, and locker
storage areas
(e) Minimum Amenity Area
Required
-
4 square metres per dwelling unit
(f) Minimum Landscaped Open
Space
-
30%
(g) Minimum Width of Planting Strip
-
4.5 metres adjacent to North Service
Road
(h) Minimum Parking Requirements
-
1.25 spaces per dwelling unit plus 0.25
visitor spaces per dwelling unit
-
Where public parking spaces are
provided on the same lot on which the
use is located, the number of public
parking spaces provided may be used
towards the required number of visitor
parking spaces
-
All other uses in accordance with the
provisions of Section 4
(i) Minimum Bicycle Parking
Requirements
-
0.15 long-term bicycle parking spaces
per dwelling unit. Long-term bicycle
parking spaces shall be for the use of
occupants of a building and shall be
located in a secure enclosed bicycle
parking area.
6.8.18 RM2-18 (APARTMENT DWELLING)
Notwithstanding the provisions of the Residential Multiple 2 (RM2) Zone, for an
apartment dwelling, the lands indicated as RM2-18 on Schedule 'A5' shall be subject to
the following provisions:
(a) Minimum Lot Frontage
-
19 metres
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 223
(b) Minimum Front Yard Setback
-
0.2 metres
(c) Maximum Density
-
82 units per hectare
(d) Minimum Interior Side Yard
-
3.4 metres from R1 Zone to the north.
6.8.19 RM2-19 (APARTMENT DWELLING)
Notwithstanding the provisions of the Residential Multiple 2 (RM2) Zone for an
apartment dwelling, the lands indicated as RM2-19 on Schedule 'A5' shall be subject to
the following provisions:
(a) Minimum Lot Frontage
-
21 metres
(b) Minimum Lot Area Per Unit
-
120 square metres
(c) Maximum Density
-
82 units per hectare
(d) Minimum Interior Side Yard
-
8 metres from R2 Zone to the south.
6.8.20 RM2-20 (OFFICE USE)
Notwithstanding the provisions of the Residential Multiple 2 (RM2) Zone, a real estate
office, an insurance office and a law office may be permitted within the existing building
on the lands indicated as RM2-20 and shall be subject to the following provisions:
(a) No more than 1 office use is permitted within the existing building at any time.
6.9
Zone Exceptions (Residential Multiple 3)
6.9.1 RM3-1 (BARTLETT CREEK FLOODPLAIN) Pt Roll #'s 020-025-07900, 020-025-
08000, 020-025-08100, 020-025-09900, 020-025-10000, 020-025-10100, 020-025-
10200, 020-025-10300
Notwithstanding the provisions of the Residential Multiple 3 Zone, those lands indicated
as RM3-1 on Schedule 'A3' shall only be used for uses as existing until such time as the
floodplain management concerns of the Niagara Peninsula Conservation Authority have
been addressed in accordance with the Master Drainage Plan.
6.9.2 RM3-2 (LINCOLN SQUARE) Roll# 010-021-20034
Notwithstanding the provisions of the Residential Multiple 3 (RM3) Zone the following
provisions shall apply to the lands zoned RM3-2 on Schedule 'A2':
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 224
6.9.2.1 PERMITTED USES
(a)
Apartment building
(b)
Townhouse dwelling.
6.9.2.2 APARTMENT DWELLING
In accordance with the RM3 Zone, except as follows:
(a) Minimum Lot Area Per Unit
-
85 square metres
(b) Maximum Density
-
115 units per hectare.
6.9.2.3 TOWNHOUSE DWELLING
Notwithstanding any provision to the contrary, the minimum density for townhouse
dwellings shall be 65 units per hectare and development shall be in accordance with the
following provisions:
6.9.2.3.1 STACKED TOWNHOUSES
(a) Minimum Number of Units
-
27
(b) Minimum Lot Area
-
1,125 square metres
(c) Minimum Lot Frontage
-
45 metres
(d) Minimum Yard Requirements
(i) Front Yard
-
1.9 metres
(ii) Side Yard
-
1.7 metres
(iii) Rear Yard
-
5.8 metres
(e) Maximum Building Height
-
13 metres.
6.9.2.3.2 BACK-TO-BACK (MAISONETTE) DWELLINGS
(a) Minimum Number of Units
-
24
(b) Minimum Lot Area Per Unit
-
75 square metres
(c) Minimum Lot Frontage Per Unit
-
6 metres on a private street
(d) Minimum Yard Requirements
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 225
(i) Setback from a Private
Street
-
3 metres for a dwelling and 6 metres for
a garage
(ii) Interior Side Yard
-
0.9 metres for end units. No interior side
yard is required between the commom
vertical wall dividing one unit from
another
(iii) Rear Yard
-
0 metres
(e) Maximum Building Height
-
13 metres.
6.9.2.3.3 STREET TOWNHOUSES
(a) Notwithstanding any provision to the contrary, a street townhouse may include
more than 8 attached units
(b) Minimum Number of Units
-
18
(c) Minimum Lot Area Per Unit
-
120 square metres
(d) Minimum Lot Frontage Per Unit
-
6 metres on a private street
(e) Minimum Yard Requirements
(i) Setback from Private Street
-
3 metres for a dwelling and 5.8 metres
for a garage
(ii) Interior Side Yard
-
1.5 metres
(iii) Rear Yard
-
5.4 metres
(f) Maximum Building Height
-
13 metres.
6.9.3 RM3-3 (LINCOLN SQUARE) Roll # 010-021-20034
Notwithstanding the provisions of the Residential Multiple 3 (RM3) Zone the following
provisions shall apply to the lands zoned RM3-3 on Schedule 'A2':
6.9.3.1 PERMITTED USES
(a) Apartment building
(b) Nursing home
(c)
Retirement home
(d)
Home for the aged.
SECTION 6
RESIDENTIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 226
6.9.3.2 APARTMENT DWELLING, NURSING HOME, RETIREMENT HOME, HOME
FOR THE AGED
(a) Maximum Density
-
216 units per hectare
(b) Minimum Yard Requirements
(i) Front Yard
-
4.5 metres
(ii) Interior Side Yard
a) Southerly
-
6 metres
b) Northerly
-
4.4 metres, except that a covered patio
and stairwell may encroach 2.1 metres
into the northerly side yard
(c) Maximum Building Height
-
21 metres
(d) Parking
-
In accordance with the provisions of
Section 4, except that 1 space per
dwelling unit shall be required for an
apartment building and no parking
space may be located within 2.7 metres
of a streetline.
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 227
SECTION 7 - COMMERCIAL AND MIXED USE ZONES
No land shall be used, no buildings or structures shall be erected and no lot shall
be altered in the Commercial and Mixed Use Zone except in accordance with the
applicable General Provisions (Section 3.0) and Parking and Loading Requirements
(Section 4.0) and the following:
7.1
List of Applicable Zones
Commercial Zones
ZONE
SYMBOL
Neighbourhood Commercial Zone
NC
General Commercial Zone
GC
Office Commercial Zone
OC
Rural Commercial Zone
RUC
Mixed Use Zones
ZONE
SYMBOL
Central Business District
GC (CBD)
7.2
Permitted Uses
Uses permitted in the Commercial and Mixed Use Zones are identified with a "-"
in the column applicable to that zone and corresponding with the row for a specific
permitted use in Table 7.2 - Permitted Uses. Where an "E" is identified in the
column, only uses which legally existed on the date of passing of this By-law shall
be permitted. Where the letter "A" is identified, the use is only permitted as
accessory to another permitted use. All permitted uses shall be subject to the
applicable zone regulations provided in Section 7.3 and the General Provisions
provided in Section 3.0, where applicable.
Table 7.2 - Permitted Uses
Uses
NC
GC
RUC
OC
GC
(CBD)
Residential Uses
Apartment building
- (2)(3)
- (2)(3)
Single detached dwelling
-
Semi-detached dwelling
Townhouse dwelling
Bed and breakfast
establishment (1)
Home-based business (1)
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 228
Uses
NC
GC
RUC
OC
GC
(CBD)
Agricultural Uses
Agricultural produce
warehouse and/or shipping
-
Agricultural education and/or
research use
-
Commercial grain storage and
drying facility
-
Farm produce outlet
-
Farm service and supply
establishment
-
Feed mill
-
Commercial uses
Artisan shop
-
-
-
-
Automotive use
-
Banquet hall
-
-
Bed and breakfast
establishment (1)
-
-
Brewery or Distillery
-
-
-
Commercial or private club
-
Commercial school
-
Convenience store
-
-
E
-
-
Dry cleaning distribution
station
-
Eating establishment
-
-
-
-
Financial use
-
-
-
Funeral home
-
-
-
Garden centre
-
Hotel/motel
-
-
-
Inn
-
-
Large animal veterinary clinic
-
Marina and marina facilities
-
Office use
-
-
-
-
-
Outside storage
A
A
Parking area
-
-
Personal service use
-
-
-
-
Place of entertainment
-
-
Private home daycare
-
Public transportation depot
-
Recreational use
-
Retail use
-
A
-
Service or repair use
-
Specialty food store
-
-
-
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 229
Uses
NC
GC
RUC
OC
GC
(CBD)
Vehicle fueling station and
additions thereto
-
E
Vehicle service and repair
establishment and additions
thereto
-
E
Institutional Uses
Ambulance station
-
Clinic
-
-
Culinary school
-
-
Daycare centre
-
-
-
Firehall
-
Police station
-
Post office
-
Veterinary Clinic
-
Notes:
1. Subject to specific use provisions contained in the General Provisions of this
By-law.
2. Apartment building is permitted in the GC Zone, in conjunction with a
commercial use.
3. Dwelling Units shall only be permitted as follows:
a) No dwelling units are permitted in conjunction with a vehicle body shop,
vehicle fueling station, vehicle service and repair establishment or vehicle
wash establishment.
b) Dwelling Units may be permitted on the ground floor provided they do not
occupy more than 50% of the ground floor of the building and provided no
portion of the dwelling unit abuts the front wall of the building.
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 230
7.3
Zone Regulations
The following zone regulations identified in Table 7.3 shall apply to the respective
Commercial and Mixed Use Zones.
Table 7.3 - Commercial Zone Regulations
Zone
Regulations
NC
GC
RUC
OC
GC (CBD)
Minimum Lot
Area
700 sq. m.
1,000 sq.
m.
8,000 sq.
m.
3000 sq.
m.
No minimum
Minimum Lot
Frontage
15 m
15 m
60 m
30 m
No minimum
Minimum Front
Yard
3 m
3 m
15 m
3 m
0 m
Minimum Interior
Side Yard
3 m, except
that where
the interior
side yard
abuts a
Residentia
l Zone, 4.5
m is
required
0 m,
except that
where the
interior
side yard
abuts a
Residenti
al Zone,
4.5 m is
required,
and except
that where
the
interior
side yard
abuts a
railway
right-of-
way, 7.5 m
is
required
15 m
6 m,
except
that
where
the
interior
side
yard
abuts a
Residen
tial
Zone,
10 m is
require
d, and
except
that
where
the
interior
side
yard
abuts a
railway
right-of-
way, 7.5
m is
require
d
0 m (3)
Minimum Exterior 3 m
3 m
15 m
6 m (4)
6 m (4)
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 231
Zone
Regulations
NC
GC
RUC
OC
GC (CBD)
Side Yard
Minimum Rear
Yard
7.5 m,
except that
where the
rear yard
abuts a
Residentia
l Zone, 12
m is
required
7.5 m,
except that
where the
rear yard
abuts a
Residenti
al Zone,
12 m is
required
15 m
9 m,
except
that
where
the rear
yard
abuts a
Residen
tial or
Agricultu
ral
Zone,
15 m is
require
d.
0 m
Maximum Front
Yard and
Exterior Side
Yard
6 m
6 m
N/A
6 m
3 m
Maximum Lot
Coverage
40%
40%
20%,
except that
there is no
maximum
lot
coverage
requiremen
t for
greenhous
es
accessory
to a
garden
centre
50%
No maximum
Minimum
Landscaped
Open Space
20%
20%
30%
20%
none
Maximum
Building Height
12.5 m
12.5 m (8)
12.5 m
21m (6)
(8)
17 m
Minimum
Building Height
N/A
N/A
N/A
N/A
2 storeys
Maximum Overall
Building Area
750 sq. m
N/A
N/A
N/A
N/A
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 232
Zone
Regulations
NC
GC
RUC
OC
GC (CBD)
Outside Storage
(1)
Not
permitted
Not
permitted
(1)
Permitted
(2)
Not
permitte
d
Not permitted
(1)
Minimum
percentage of
windows and
doors along any
façade facing any
streetline
N/A
25% of the
building
façade
N/A
25% of
the
building
façade
25% of the
building
façade
Minimum window
height on
windows facing
any streetline
N/A
1.8 m
N/A
1.8 m on
the
ground
floor
1.8 m
Maximum window
sill height on
windows facing
any streetline
N/A
1.2 m
N/A
1.2
metres
on the
ground
floor
1.2 m
Maximum Retail
Floor Area for
Farm Produce
Outlet and
Convenience
Store
N/A
N/A
200 sq. m
N/A
N/A
Retail Use Area
N/A
N/A
maximu
m of
10% of
the
ground
floor
area or
200 m2,
whichev
er is the
greater
N/A
Other
N/A
N/A
See (7)
N/A
Notes:
1. Outside storage is prohibited, unless:
a) Is screened from view from any street or abutting Residential Zone;
b) Not located in required front yard and/or exterior side yard;
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 233
c) Accessory to a permitted use; and
d) Is located 9 metres from a Residential or Institutional Zone.
2. Outside storage permitted subject to the following:
a) Permitted in the rear and interior side yard;
b) Only merchandise offered for sale is permitted in the front yard and
exterior side yard; and
c) Shall be accessory to a permitted use.
3. Except that where the interior side yard abuts a Residential Zone, 4.5
metres is required. Where any portion of the height of a building is greater
than 15 metres and abuts a R1 or R2 Zone, that portion of the building shall
be setback from the R1 or R2 Zone a minimum distance of the height of the
building
4. Except that where the rear yard abuts a Residential Zone12 metres is
required. Where any portion of the height of a building is greater than 15
metres and abuts a R1 Zone, that portion of the building shall be setback
from the R1 Zone a minimum distance of the height of the building.
5. Except that the maximum height adjacent to a Residential Zone shall be
12.5 metres.
6. Maximum building height is 24 metres for motel/hotel, 21 metres for all
other permitted uses in Table 7.2.
7. No exterior walls that face a street or are exposed to public view from a
street or constitute the principal point of public entry shall be constructed of
blank walls.
8. For lands identified in Schedule A1 & A2 - Figure 1, the Maximum Building
Height shall be as shown on the 'Height Overlay'.
7.4
Zone Exceptions (Neighbourhood Commercial)
7.4.1 NC-1 (HERITAGE VILLAGE) Roll #'s 040-015-30000 & 040-015-30100
Notwithstanding the provisions of the Neighbourhood Commercial Zone, in addition
to the permitted uses of the Neighbourhood Commercial Zone, the lands indicated
as NC-1 on Schedule 'A5' may also be used for a clinic, drug store and financial use
and shall be subject to the following provisions:
(a) Minimum Front Yard and
Exterior Side Yard Setbacks
-
0 metres
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 234
Adjacent to John Charles Blvd.
and Frederick Avenue
(b) Minimum Setback for Covered
Corridor Walkway
-
0 metres.
7.4.2 NC-2 (HEIDA'S DEPARTMENT STORE) Roll # 030-014-14100
Notwithstanding the provisions of the Neighbourhood Commercial Zone, the lands
indicated as NC-2 on Schedule 'A5' shall be subject to the following provisions:
(a) Minimum Side Yard Setback
-
0 metres
(b) Maximum Lot Coverage
-
56%.
7.4.3 NC-3 (ROYAL ORCHARD ESTATES) Roll # 010-023-31250
Notwithstanding the provisions of the Neighbourhood Commercial Zone, the lands
indicated as NC-3 on Schedule 'A2' may only be used for a convenience store, dry
cleaning distribution station, florist shop, office use and personal service use.
7.5
Zone Exceptions (General Commercial)
7.5.1 GC-1 (BODY SHOP) Roll # 030-009-03900
Notwithstanding the provisions of the General Commercial Zone, in addition to the
permitted uses of the General Commercial Zone, the lands indicated as GC-1 on
Schedule 'A7' may also be used for a vehicle body shop.
7.5.2 GC-2 (WINERY)
7.5.2.1 WEST SIDE OF MAIN STREET Roll # 040-012-03900
Notwithstanding the provisions of the General Commercial Zone, in addition to the
uses permitted in the General Commercial Zone, the lands located on the west side
of Main Street and indicated as GC-2 on Schedule 'A6' may also be used for a
winery and warehousing and shall be subject to the following provisions:
(a) Minimum Parking Setback
Adjacent to a Residential Zone
-
1.5 metres
(b) Minimum Width of Planting
Strip Adjacent to a Residential
Zone
-
1.5 metres
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 235
(c) Minimum Parking Setback
Adjacent to the Streetline
-
0 metres
(d) A Minimum of 13 parking spaces, including 2 handicapped parking spaces
shall be provided on site and a minimum of 62 parking spaces, may be located
off site on a separate parcel of land Zoned as GC-2 and located on the east
side of Main Street.
7.5.2.2 EAST SIDE OF MAIN STREET Roll # 040-012-01900
Notwithstanding the provisions of the General Commercial Zone, the lands located
on the east side of Main Street and indicated as GC-2 on Schedule 'A6' shall only
be used as a parking area providing a minimum of 62 of the required parking
spaces, for the permitted uses located on the lands Zoned as GC-2 which are
located on the west side of Main Street, and shall also be subject to the following
provisions:
(a) Minimum Parking Setback
Adjacent to the Streetline
-
0 metres
(b) Minimum Southerly Parking
Setback Adjacent to a
Residential Zone
-
0.9 metres
(c) Minimum Width of Southerly
Planting Strip Adjacent to a
Residential Zone
-
0.9 metres
(d) Minimum Length of Parking
Spaces
-
5.5 metres.
7.5.3 GC-3 (ONTARIO STREET & GREENLANE) Roll # 010-021-12300
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-3 on Schedule 'A1' shall be subject to the following provisions:
(a) Minimum Lot Frontage for
Automotive Use
-
30 metres
(b) Minimum Interior Side Yard
-
1.4 metres
(c) Minimum Rear Yard
-
1.5 metres
(d) Minimum Landscaped Open
Space
-
12%
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 236
(e) Minimum Width of Planting Strip
-
0.6 metres.
7.5.4 GC-4 (FLEMING CHICKS) Roll # 010-021-15200
Notwithstanding the provisions of the General Commercial Zone, in addition to the
uses permitted in the General Commercial Zone, the lands indicated as GC-4 on
Schedule 'A2' may also be used for a poultry egg hatchery and shall be subject to
the following provisions:
(a) Maximum Lot Coverage
-
55%
(b) Minimum Parking Requirement
for a Poultry Egg Hatchery
-
22 spaces.
7.5.5 GC-5 (KINGSWAY PLAZA) Roll # 010-021-00700
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-5 on Schedule 'A2' shall be subject to the following provision:
(a) Minimum Rear Yard
-
3 metres.
7.5.6 GC-6 (PARKING) Roll # 040-016-11500
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-6 on Schedule 'A5' shall be subject to the following provisions:
(a) Maximum Lot Coverage
-
45%
(b) Minimum Parking Requirement
for Existing Building
-
32 spaces.
7.5.7 GC-7 (BARTLETT CREEK FLOODPLAIN) Roll # 020-024-21000
Notwithstanding the provisions of the General Commercial Zone, on the lands
indicated as GC-7 on Schedule 'A3' no additions to any building or structure shall
occur until such time as the floodplain management concerns of the Niagara
Peninsula Conservation Authority have been addressed in accordance with the
Master Drainage Plan.
7.5.8 GC-8 (FLEMING FINANCIAL) Roll #'s 010-022-00400, 010-022-00500, 010-
022-00600
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 237
as GC-8 on Schedule 'A2' shall only be used for a clinic, financial use, and office
use.
7.5.9 GC-9 (TALLMAN FUNERAL HOMES LIMITED) Roll #'s 030-006-20301, 030-
006-20400
Notwithstanding the provisions of the General Commercial Zone, in addition to the
uses permitted in the General Commercial Zone, on the lands indicated as GC-9 on
Schedule 'A5', an accessory dwelling unit is permitted on the ground floor adjacent
to the funeral home and an accessory dwelling unit is permitted on the ground floor
adjacent to the family centre.
7.5.10 GC-10 (BARTLETT CREEK FLOODPLAIN) Pt Roll #'s 010-023-02600, 010-
023-02700, 010-023-09000, 010-023-09200, 010-023-09400 to010-023-09700, 010-
023-09900, 020-024-10700, 020-024-11000020-024-11001, 020-024-21200, 020-
024-21300, 020-024-21400,020-025-00300, 020-025-09600, 020-025-09700, 020-
025-09900,020-025-10000, 020-025-10100, 020-025-10200, 020-025-10300,020-
025-07900, 020-025-08000, 020-025-08100, 010-023-10900,010-023-03400, 010-
023-16600
Notwithstanding the provisions of the General Commercial Zone, those lands
indicated as GC-10 on Schedules 'A2' and 'A3' shall only be used for uses as
existing until such time as the floodplain management concerns of the Niagara
Peninsula Conservation Authority have been addressed in accordance with the
Master Drainage Plan.
7.5.11 GC-11 (TIM DONUTS - SW QUADRANT) Roll # 010-020-15400
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-11 on Schedule 'A1' shall only be used for automotive use, a bakery, a
banquet and/or convention centre, a convenience store, an eating establishment, a
motel/hotel and office use and shall be subject to the following provisions:
(a) Minimum Setback Abutting a
Street
-
15 metres
(b) Minimum Interior Side Yard
-
6 metres
(c) Maximum Building Height
-
15.2 metres
(d) Outside Storage
-
None permitted.
7.5.12 GC-12 (INN ON THE TWENTY) Roll # 040-012-02000, 040-012-02100, 040-
012-022000
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 238
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-12 on Schedule 'A6' shall be subject to the following provisions:
(a) Minimum Northerly Interior Side
Yard Setback
-
3 metres
(b) Minimum Parking Setback
Adjacent to the Streetline
-
0 metres
(c) Minimum Northerly Parking
Setback Adjacent to a
Residential Zone
-
0 metres
(d) Minimum Width of Northerly
Planting Strip Adjacent to a
Residential Zone
-
0 metres
(e) Minimum Parking Requirement
-
39 spaces, including 4 tandem parking
spaces and 1 handicapped parking
space
(f) Minimum Length of Parking
Spaces
-
5.5 metres.
7.5.13 GC-13 (MIXED USE) Roll # 040-012-03000
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-13 on Schedule 'A6' shall only be used for artisan shop, office use, personal
service use, retail use, one single detached dwelling and bed and breakfast
establishment within an existing single detached dwelling and shall be subject to the
following provisions:
(a) Minimum Northerly Side Yard
for an Existing Commercial
Building
-
0.06 metres
(b) Maximum Gross Floor Area for
Commercial Use
-
90 square metres
(c)
Outside Storage
-
-
-
Permitted accessory to a retail use for
the display of retail goods.
Permitted in the rear yard only.
Must be screened from view from any
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 239
street or abutting Residential Zone
(d) Minimum Width of Planting Strip
Adjacent to Southerly Lot Line
-
3 metres, except that the minimum width
of the planting strip between the existing
single detached dwelling and the
southerly lot line shall be 0.1 metres
(e) Minimum width of driveway
-
3.9 metres
(f)
Minimum Front Yard for an
Easting Single Detached
Dwelling
-
0.7 metres
(g) Minimum Southerly Side Yard
for an Existing Single Detached
Dwelling
-
0.1 metres.
(h) With the exception of subsections 7.5.13(f) and (g) all other provisions for the
single detached dwelling shall be in accordance with the provisions of
subsection 6.3.
7.5.14 GC-14 (WINEMAKER'S COTTAGE) Roll# 040-012-01800
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-14 on Schedule 'A6' may only be used for a hotel/motel containing a
maximum of two-guestrooms, and shall be subject to the following provisions:
(a) Minimum Southerly Side Yard
-
4 metres
(b) Minimum Rear Yard
-
4 metres
(c) Minimum Parking Setback
Adjacent to Streetline
-
0 metres.
7.5.15 GC-15 (DINNER THEATRE) Roll # 040-016-01800
7.5.15.1
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-15 on Schedule 'A5' shall only be used for the following uses:
(a) Banquet and/or convention centre
(b) Dinner theatre
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 240
(c) Place of Worship
7.5.15.2
A Dinner Theatre on the lands indicated as GC-15 on Schedule 'A5' shall mean: a
building or part thereof used for the presentation of the performing arts and where
food is offered for consumption on the premises by persons attending a performing
arts presentation on the premises. A Dinner Theatre may also include a facility
licensed by the Alcohol and Gaming Commission of Ontario, but does not include an
Eating Establishment.
7.5.15.3
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-15 on Schedule 'A5' shall be subject to the following provisions:
(a) Minimum Lot Frontage
-
3.2 metres
(b) Minimum Exterior Side Yard for
an Existing Building
-
0 metres
(c) Minimum Southerly Interior Side
Yard for an Existing Building
-
2.6 metres
(d) Minimum Westerly Interior Side
Yard for an Existing Building
-
3.5 metres
(e) Minimum Rear Yard for an
Existing Building
-
3.4 metres
(f) Minimum Landscaped Open
Space
-
0%
(g) Minimum Parking Setback from
a Residential Zone
-
0 metres
(h) Minimum Width of a Planting
Strip Adjacent to a Residential
Zone
-
0 metres
(i) Minimum Parking Requirement
-
20 spaces.
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Town of Lincoln Zoning By-law
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7.5.16 GC-16 (OFFICE) Roll # 010-023-21000
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-16 on Schedule 'A2' shall only be used for a clinic, office use, personal
service use and accessory dwelling units in conjunction with one or more of the
permitted uses.
7.5.17 GC-17 (EATING ESTABLISHMENT AND RETAIL USE) Roll # 040-012-
03100
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-17 on Schedule 'A6' shall only be used for an eating establishment, retail use
and one accessory dwelling unit in conjunction with one or more of the permitted
uses and shall be subject to the following provisions:
(a) Minimum Front Yard for an
Existing Building
-
2.5 metres
(b) Maximum Public Floor Area for
an Eating Establishment
-
27 square metres
(c) Maximum Gross Floor Area for a
Retail Use
-
17 square metres
(d) Outside Storage
-
-
-
Permitted accessory to a retail use for
the display of retail goods;
Permitted in the rear yard and northerly
side yard only;
Must be screened from view from any
street or abutting Residential Zone.
(e) Dwelling Unit Location
-
Dwelling units are permitted on any
floor, except a cellar or basement
(f)
Minimum Width of Planting Strip
and Minimum Setback of
Parking Area or Driveway from
Southerly Lot Line
-
1 metre
(g) Minimum Width of Planting Strip
and Minimum Setback of
Parking Area or Driveway from
-
0.5 metres
SECTION 7
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Westerly Lot Line
(h) Minimum Width of Driveway
-
4 metres.
7.5.18 GC-18 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the General Commercial Zone or any other
provision contained herein to the contrary, the following shall apply to the lands
zoned GC-18 on Schedule 'A4':
7.5.18.1 DEFINITIONS
(a)
ANCILLARY RESIDENTIAL USE means the common indoor areas
located within a building which are intended primarily for access or
recreational purposes for the occupants of a building and may include
stairs, lobbies, elevators, mechanical facilities, storage, and indoor
amenity areas.
(b)
MAIN WALL means a primary exterior front, rear or side wall of a
building, not including permitted projections.
(c)
VISITOR PARKING means parking spaces for the exclusive use of
visitors to the lot and or building. Visitors parking shall be located on
the same lot on which the building is located or within the common
elements to the building.
7.5.18.2 PERMITTED USES
(a)
Apartment residential units including ancillary residential units, dwelling
units only permitted above the ground floor
(b)
Retirement home including accessory dwelling units, only permitted
above the ground floor
(c)
Bed and breakfast establishment
(d)
Clinic
(e)
Commercial or private club
(f)
Community centre of community hall
(g)
Daycare Centre
(h)
Eating establishment (excluding drive-thru facility, but including
SECTION 7
COMMERCIAL AND MIXED USE ZONES
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FINAL - July 2022
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seasonal outdoor patio)
(i)
Financial use
(j)
Government Services
(k)
Hotel Use
(l)
Institutional Use
(m) Office use
(n)
Personal service use
(o)
Place of entertainment
(p)
Post office
(q)
Recreation use
(r)
Retail use, only permitted on the ground floor
(s)
Tourist centre and/or welcome centre
7.5.18.3 PROVISIONS
(a) Ancillary Residential Uses
-
Permitted on the ground floor,
occupying up to a maximum of 15% of
the length of the main wall oriented
toward a public road within the first 9
metres depth of building
(b) Outdoor Patio Use
-
Shall be located adjacent to a public
street or Open Space Zone, at a
minimum separation distance of 20
metres from a Residential Zone
(c)
Maximum Gross Leaseable
Floor Area per Premise on the
Ground Floor
-
400 square metres per premise
(d) Minimum Density
-
75 units per hectare
(e) Maximum Density
-
275 units per hectare
SECTION 7
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FINAL - July 2022
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(f)
Minimum Building Height
-
-
3 storeys and a minimum height of 12
metres
The ground floor building height shall be
a minimum of 4.5 metres measured
from the average grade of the ground
floor to the floor of the second storey
(g) Maximum Building Height
-
-
6 storeys up to a maximum of 22.5
metres. Notwithstanding the maximum
building height, the façade of the
building facing a public street shall
include a stepback of a minimum of 2
metres
The number of building storeys
permitted shall be in addition to any
storey that has a minimum 80% gross
floor area used for parking facilities
including stairs, elevators, mechanical
facilities, bicycle parking, and locker
storage areas
(h) Minimum Yard Requirements
(i)
Minimum Yard Setback
Abutting a Public Road
-
-
0 metres, except where the front yard
abuts the public road adjacent to the
waterfont open space, the minimum
yard setback shall be 3 metres
Outdoor patio and outside display and
sales area uses shall be permitted in the
yard abutting a public road
(ii) Minimum Yard Setback
Abutting a Residential
Road
-
50% of the building height facing the
Residential Zone
(i)
Minimum Separation Distance
between one side of a building
to the side of another building
-
3 metres
(j)
Minimum Separation Distance
between one side of a building
to the rear of another building
-
9 metres
(k)
Minimum Separation Distance
-
14 metres
SECTION 7
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between the rear of a building
to the rear of another building
(l)
Maximum Yard Setback
Abutting A Public Road
-
-
-
3 metres, except where the front yard
abuts the public road adjacent to the
waterfront open space, the maximum
yard setback shall be 5 metres
Where an outdoor patio or outside
display and sales area is provided in the
yard abutting a public road, the
maximum yard setback shall be 5
metres, up to a maximum of 25% of the
length of the building façade
Maximum yard requirements do not
apply when an urban square measuring
no less than 250 square metres in area
and having a minimum length of 10
metres is provided along the length of
the main wall oriented toward the front
or exterior side lot line
(m) A minimum of 75% of the length of the front and exterior side lot line shall be
occupied by a main wall at the ground floor. A minimum of 75% of the
building frontage at the ground floor shall be built to the front and exterior side
setback line
(n) A minimum of 40% of the building façade on the ground floor that is oriented
toward a public street shall be occupied by glazing, doors, and or green wall
(o) The main front entrance into each premise on the ground floor shall be
oriented towards a public street
(p) Surface parking, excluding public parking, shall not exceed 65% of the lot
area
(q) All parking spaces, parking areas, ramps or driveways shall be located to the
rear of all buildings
(r)
Minimum Landscaped Open
Space
-
10%
(s)
Minimum Parking
Requirements
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
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(i) Mixed Use Development
(ii) All Other Uses
-
-
1.0 spaces per dwelling unit plus 0.25
visitor spaces per dwelling unit, in
addition to the requirements for other
uses in the development in accordance
with the provisions of Section 4
In accordance with the provisions of
Section 4
(t)
Minimum Bicycle Parking
Requirement
-
0.15 long-term bicycle parking spaces
per dwelling unit. Long-term bicycle
parking spaces shall be for the use of
occupants of a building and shall be
located in a secure enclosed bicycle
parking area.
7.5.19 GC-19 (BEAMSVILLE PLAZA) No New Roll#
Notwithstanding the provisions of the Central Business District Area, on the lands
indicated as GC-19 on Schedule 'A2' an eating establishment shall be prohibited
and the lands shall be subject to the following provisions:
(a) Minimum Percentage of
Windows and Doors along any
Façade Facing any Streetline
-
30% of the building facade
(b) Minimum width of Planting Strip
Adjacent to the Easterly Lot
Line
-
0 metres
(c)
Minimum Width of Planting
Strip Adjacent to the Southerly
Section of the Westerly Lot
Line
-
2.5 metres
(d) No parking space, parking area or driveway, other than an entrance to the
lands shall be located within the front yard or exterior side yard. All parking
spaces, parking areas or driveways shall be located to the rear of all buildings.
(e) Two storeys means a building designed with the appearance of a two storey
building on the exterior façade including windows on both the first and second
storeys while the roof may only cover the first storey.
7.5.20 GC-20 (BEAMSVILLE PLAZA) No New Roll#
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 247
Notwithstanding the provisions of the Central Business District Area, the lands
indicated as GC-20 on Schedule 'A2' shall be subject to the following provisions:
(a) Minimum Percentage of
Windows and Doors along any
Façade Facing any Streetline
-
30% of the building facade
(b) No parking space, parking area or driveway, other than an entrance to the
lands shall be located within the front yard or exterior side yard. All parking
spaces, parking areas or driveways shall be located to the rear or side of all
buildings. However, no parking space, parking area or driveway shall be
located adjacent to Ontario Street.
(c)
Two storeys means a building designed with the appearance of a two storey
building on the exterior façade including windows on both the first and
second storeys while the roof may only cover the first storey.
7.5.21 GC-21 (THE FAIRGROUNDS) Roll # 010-021-15300
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-21 on Schedule 'A2' shall be subject to the following provision:
(a) Minimum Exterior Side Yard
-
0 metres.
7.5.22 GC-22 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the General Commercial Zone or any other
provision contained herein to the contrary, the following shall apply to the lands
zoned GC-22 on Schedule 'A4':
7.5.22.1 PERMITTED USES
(a)
Apartment residential units including ancillary residential uses, dwelling
units only permitted above the ground floor
(b)
Banquet and/or convention centre
(c)
Clinic
(d)
Commercial school
(e)
Community centre
(f)
Commercial or private club
SECTION 7
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Town of Lincoln Zoning By-law
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(g)
Culinary school
(h)
Daycare centre
(i)
Eating establishment (excluding drive-thru facility)
(j)
Institutional use
(k)
Financial use
(l)
Hotel
(m) Office use
(n)
Personal service use
(o)
Retirement home including accessory dwelling units, only permitted
above the ground floor
7.5.22.2 PROVISIONS
(a) Ancillary Residential Uses
-
Permitted on the ground floor,
occupying up to a maximum of 15% of
the length of the main wall oriented
toward a collector road within the first 9
metres depth of building
(b) Maximum Gross Leasable
Floor Area per Premise on the
Ground Floor
-
4,645 square metres per premise
(c)
Minimum Density
-
100 units per hectare
(d) Maximum Density
-
350 units per hectare
(e) Minimum Building Height
-
3 storeys and 10.5 metres
(f)
Maximum Building Height
-
-
15 storeys to a maximum of 52.5
metres. Notwithstanding the maximum
building height, the façade of the
building facing a collector road shall
include step-backs of a minimum of 2
metres above the third storey
The number of building storeys
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 249
permitted shall be in addition to any
storey that has a minimum 80% gross
floor area used for parking facilities
including stairs, elevators, mechanical
facilities, bicycle parking, and locker
storage areas
(g) Minimum Yard Setback
Abutting a Public Street
-
1 metre
(h) Minimum Interior Side Yard
-
10 metres
(i)
Maximum Yard Setback
Abutting a Public Street
-
12 metres, except where the yard abuts
North Service Road, the maximum yard
setback shall be 20 metres
(j)
Minimum Landscaped Open
Space
-
25%
(k)
Minimum Width of a Planting
Strip Adjacent to a RM2 Zone
-
3 metres
(l)
Minimum Width of a Planting
Strip Adjacent to North Service
Road
-
4.5 metres
(m) Minimum Amenity Area
Required
-
4 square metres per dwelling unit
(n) A minimum of 40% of the building façade on the ground floor, and 25% of the
building façade for floors above the ground floor, that is oriented toward a
public street shall be occupied by glazing, doors, and or green wall.
(o) A minimum of 40% of the lot frontage adjacent to a collector road shall be
occupied by a main wall.
(p) All parking spaces, parking areas, ramps or driveways shall be located to the
rear of all buildings. Surface parking areas shall be fully screened from view
from North Service Road by means of landscaping features.
(q) Minimum Parking Requirements
(i)
Mixed Use Development
-
1.0 spaces per dwelling unit plus 0.25
visitor spaces per dwelling unit, in
addition to the requirements for other
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 250
uses in the development in accordance
with the provisions of Section 4
(ii) All Other Uses
-
In accordance with the provisions of
Section 4
(r) Minimum Bicycle Parking
Requirement
-
.15 long-term bicycle parking spaces per
dwelling unit. Long-term bicycle parking
spaces shall be for the use of occupants
of a building and shall be located in a
secure enclosed bicycle parking area.
7.5.23 GC-23 (MIXED USE)
7.5.23.1
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-23 on Schedule 'A2 shall be used for a mixed-use development which
includes both commercial and residential uses and the commercial uses shall be
limited to Financial Use, Office Use, Personal Service Use, Retail Use and Service
or Repair Use.
7.5.23.2
Notwithstanding the provisions of the General Commercial Zone, the mixed-use
development on the lands indicated as GC-23 on Schedule 'A2' shall be subject to
the following provisions:
(a) Minimum Lot Area
-
720 square metres
(b) Minimum Front Yard
-
0 metres
(c)
Minimum Exterior Side Yard
-
0.6 metres
(d) Minimum Northerly Interior Side
Yard
-
1.2 metres
(e) Minimum Setback from the
Daylighting Triangle
-
1 metre
(f)
Minimum Width of Planting
Strip Adjacent to the Northerly
Lot Line
-
1.2 metres
SECTION 7
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Town of Lincoln Zoning By-law
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Page 251
(g) Minimum Width of Planting
Strip Adjacent to the Easterly
Lot Line
-
1.5 metres
(h) Minimum Parking Setback
Adjacent to the Westerly Lot
Line
-
12.8 metres
(i)
Minimum Parking Setback
Adjacent to the Northerly Lot
Line
-
1 metre
(j)
Minimum Parking Setback
Adjacent to the John Street
Streetline
-
1 metre
(k)
Minimum Parking Setback
Adjacent to the Easterly Lot
Line
-
1.5 metres.
7.5.24 GC-24 (MIXED USE Roll# 020-024-09400)
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-24 on Schedule 'A3' shall be subject to the following provision:
(a) Minimum Rear Yard Setback
for the Underground Parking
Garage
-
0.15 metres
(b) Minimum Parking Requirement
-
0.52 spaces per dwelling unit
(c)
Minimum Parking Space Size -
A maximum of 3 of the required parking
spaces may have minimum dimensions
of 2.6 metres by 4.4 metres.
7.5.25 GC-25 PE (RETAIL USE AND CASH-IN-LIEU OF PARKNG)
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-25 on Schedule 'A6' shall only be used for an artisan shop, office use,
personal service use, retail use, and one dwelling unit accessory to commercial
uses with an existing building shall be subject to the following provisions:
(a) Minimum Lot Frontage
-
20 metres
(b) Minimum Lot Area
-
530 square metres
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
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(i)
Minimum Front Yard
-
0 metres
(ii) Minimum Northerly Interior
Side Yard
-
0.5 metres
(iii) Minimum Southerly Interior
Side Yard
-
0.01 metres
(iv) Minimum Rear Yard
-
5 metres
(v) Maximum Lot Coverage
-
45%
(vi) Maximum Gross Floor
Area for Commercial Use
-
170 square metres
(vii) Dwelling unit location
-
A dwelling unit may occupy any floor,
except a cellar or basement
(viii) Minimum Parking
Requirement
-
0 parking spaces.
7.5.26 GC-26 (MIXED USE DEVELOPMENT Roll# 010-021-10500)
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-26 on Schedule 'A1' shall be subject to the following provision:
(a) Maximum Front Yard Setback
-
19 metres
(b) Maximum Ground Floor Area
Occupied by Dwelling Units
-
81%
(c)
Maximum Building Height -
27 metres. Notwithstanding the
maximum building height, the front
façade of the building shall include step-
backs of a minimum of 13 metres at
building elevations of 13 metres above
grade for the first step-back and 21
metres above grade for the second
step-back.
7.5.27 GC-27 (MIXED-USE DEVELOPMENT) No New Roll #
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-27 on Schedule 'A1' shall be subject to the following provisions:
(a)
Maximum Ground Floor Area
Occupied by Dwelling Units
-
56%
(b)
Minimum Parking Requirement -
60 spaces.
7.5.28 GC-28 (LOT AREA AND SETBACKS)
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 253
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-28 on Schedule 'A2' shall be subject to the following provisions:
(a)
Minimum Lot Area
-
689 square metres
(b)
Maximum Front Yard
-
6.6 metres
(c)
Minimum Rear Yard Setback
abutting a Residential Zone
-
9.8 metres
(d)
Accessory Building Rear Yard
Setback abutting a Residential
Zone
-
0.8 metres
(e)
Minimum width of a planting
strip abutting a Residential
Zone
-
0.9 metres
(f)
Minimum Parking Setback
abutting a Residential Zone
-
0.9 metres
(g)
A maximum of 5 parking spaces may be permitted within 0 metres of the
Streetline.
7.5.1 GC-29 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the General Commercial Zone or any other
provision contained herein to the contrary, the following shall apply to the lands
zoned GC-29 on Schedule 'A4':
7.5.1.1 DEFINITION
(a) URBAN SQUARE means a publicly accessible, mainly hardscaped
open space area located at grade.
7.5.1.2 PERMITTED USES
(a)
Accessory apartment dwelling units, including ancillary residential
uses, in conjunction with one or more of the permitted uses (dwelling
units permitted above the ground floor only)
(b)
Animal hospital excluding outside pens
(c)
Automotive Rental Establishment
(d)
Banquet and/or Convention Centre
SECTION 7
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FINAL - July 2022
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(e)
Clinic
(f)
Commercial or private club
(g)
Commercial school
(h)
Community centre
(i)
Convenience store
(j)
Car wash and gas bar (adjacent to North Service Road only)
(k)
Culinary school
(l)
Daycare centre
(m) Drive-thru facility (adjacent to North Service Road only)
(n)
Eating establishment including seasonal outdoor patio use
(o)
Financial use
(p)
Firehall
(q)
Hotels
(r)
Institutional uses
(s)
Office use
(t)
Parking Garage
(u)
Personal service use
(v)
Place of entertainment
(w) Post office
(x)
Recreation use
(y)
Retail use
(z)
Supermarket
(aa) Tourism centre and/or welcome centre
7.5.1.3
PROVISIONS
(a)
Maximum Gross Leasable
Floor Area per Premise for
Commercial Uses
-
4,645 square metres per premise
(b)
Maximum Density
-
275 units per hectare
SECTION 7
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Town of Lincoln Zoning By-law
FINAL - July 2022
Page 255
(c)
Car Wash and Gas Bar Use
and Drive-Thru Facility Use
-
Shall be located adjacent to the North
Service Road frontage with a minimum
building separation distance of 25
metres from any collector road and any
residential building
(d)
Place of Entertainment and
Outdoor Patio Use
-
Shall be located with a minimum
separation distance of 35 metres from
any residential building in an RM1 Zone
(e)
Outside Storage
-
Outside storage is prohibited, unless:
(i) Screened from view from any street
or abutting Prestige Industrial Zone;
(ii) Not located in required front yard
and/or exterior side yard; and
(iii) Accessory to a permitted use
(f)
Minimum Lot Area
-
1,000 square metres, where multiple
contiguous lots are developed under a
single comprehensive site plan all lots
shall be deemed to be one lot for
purposes of applying zoning regulations
(g)
Minimum Lot Frontage
-
20 metres
(h)
Minimum Building Height
-
3 storeys and 10.5 metres, with a
minimum ground floor height of 3.65
metres
Notwithstanding the minimum building
height:
(i) Two buildings that are one storey
shall be permitted in the GC-29
Zone and shall be located adjacent
to the North Service Road frontage
with a minimum separation distance
of 25 metres from any collector
road; and
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 256
(ii) One additional building that is one
storey shall be permitted in the GC-
29 Zone for the purposes of a free-
standing supermarket only
(i)
Maximum Building Height
-
-
6 storeys up to 22.5 metres
Notwithstanding the maximum building
height, the façade of the building facing
a public street shall include a stepback
of a minimum of 2 metres above the 3rd
storey
The number of building storeys
permitted shall be in addition to any
storey that has a minimum 80% gross
floor area used for parking facilities
including stairs, elevators, mechanical
facilities, bicycle parking, and locker
storage areas
(j)
Minimum Yard Requirements
(i) Yard Setback Abutting a
Public Street
(ii) Interior Side Yard
-
-
3 metres, except where the yard abuts
North Service Road, the minimum yard
setback shall be 14 metres
3 metres
(k)
Minimum Landscaped Open
Space
-
20%
(l)
Minimum width of a Planting
Strip Adjacent to North Service
Road
-
4.5 metres
(m) Minimum Amenity Area
Required for a Mixed Use
Development
-
4 square metres per dwelling unit
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 257
(n)
Minimum of 40% of the length of the front and exterior side lot line shall be
occupied by a main wall within the first 9 metres depth of the lot line abutting a
collector road. This requirement excludes any lot line occupied by an urban
square
(o)
Minimum Parking
Requirements
(i) Dwelling Units
(ii) All Other Uses
-
-
1.0 spaces per dwelling unit plus 0.25
visitor spaces per dwelling unit
In accordance with the provisions of
Section 4
(p)
Minimum Bicycle Parking
Requirements
-
-
1 short-term bicycle parking space for
each 1,000 square metres of gross floor
area used for Commercial Use, up to a
maximum of 20 bicycle parking spaces
per lot. Short-term bicycle parking
spaces shall be located within a bicycle
parking area at grade
.15 long-term bicycle parking spaces per
dwelling unit. Long-term bicycle parking
spaces shall be for the use of occupants
of a building and shall be located in a
secure enclosed bicycle parking area
(q)
Location of Surface Parking
-
Must be screened from view from any
public street
-
Minimum setback of 10 metres adjacent
to a collector road. Notwithstanding the
minimum setback, surface parking is
permitted to occupy a maximum of 20%
of the cumulative length of the lot line
facing any collector road
(r)
A minimum of 40% of the building façade on the ground floor, and 25% of the
building façade for floors above the ground floor, that is oriented toward a
public street shall be occupied by glazing, doors, and or green wall.
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 258
7.5.30 GC-30 (COMMERCIAL USES)
7.5.30.1
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-30 on Schedule 'A8' may only be used for the following uses:
(a)
Animal hospital excluding outside pens
(b)
Clinic
(c)
Commercial or private club
(d)
Commercial school
(e)
Culinary school
(f)
Daycare centre
(g)
Eating establishment
(h)
Equipment sales and rental establishment
(i)
Financial use
(j)
Hotel/motel
(k)
Inn
(l)
Merchandise rental use
(m) Office use
(n)
Personal service use
(o)
Place of entertainment
(p)
Retail use
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 259
(q)
Service or repair use
(r)
Special trade contractor
(s)
Veterinary clinic
(t)
Accessory dwelling units in conjunction with one or more permitted uses.
7.5.30.2
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-30 on Schedule 'A8' shall be subject to the following provisions:
(a)
Maximum Front Yard
-
13.1 metres
(b)
Outside Storage
-
Prohibited
(c)
Minimum percentage of
windows and doors along any
façade facing any streetline
-
As existing
(d)
Minimum window height on
windows facing any streetline
-
As existing
(e)
Maximum windowsill height on
windows facing any streetline
-
As existing
(f)
Minimum width of planting strip
adjacent to a Residential Zone
-
0 metres
(g)
Minimum parking space,
parking area or driveway
setback adjacent to a
Residential Zone
-
0 metres
(h)
Minimum parking setback from
the streetline
-
0 metres.
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7.5.31 GC-31 (MIXED USE DEVELOPMENT)
7.5.31.1
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-31 on Schedule 'A1' shall be used for a mixed-use development which
includes both commercial and residential uses and the commercial uses shall be
limited to the following uses:
(a)
Clinic
(b)
Commercial school
(c)
Culinary school
(d)
Daycare centre
(e)
Eating establishment
(f)
Financial use
(g)
Flex space, defined as an area that may be occupied by a permitted
commercial use or dwelling unit (only permitted on the ground floor abutting
the front wall of the building).
(h)
Office use
(i)
Personal service use
(j)
Retail use
(k)
Service or Repair use
7.5.31.2
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-31 on Schedule 'A1' shall be subject to the following provisions:
(a) Minimum Front Yard Setback
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COMMERCIAL AND MIXED USE ZONES
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FINAL - July 2022
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(i) Floors 1 to 3
(ii) Floors 4 to 8
(iii) Floor 9
-
-
-
1.5 metres
3 metres
5.5 metres
(b) Maximum Front Yard Setback
-
A minimum of 60% of the front façade of
the building shall be setback a
maximum of 1.7 metres for Floors 1 to 3
(c) Maximum Density
-
277 units per hectare
(d) Maximum Building Height
-
31 metres and a maximum of 9 storeys
and is subject to section 3 of this by-law.
(e) Maximum Ground Floor Area
Occupied by Dwelling Units
-
60%
(f) Minimum Ground Floor Area
Occupied by Commercial Use
-
650 square metres
(g) Dwelling Units on the Ground
Floor
-
Permitted
(h) The front wall of the building shall be occupied by Commercial, Flex Space,
Residential lobby and/or Amenity Area Uses. Each Principle means of
access to Individual Commercial and/or Flex Uses that abut the front wall
shall have its own entrance with direct access to the front yard.
(i) Minimum Dwelling Unit Area
(i) Bachelor
(ii) One Bedroom
(iii) Two Bedrooms or more
-
-
-
45 square metres
46 square metres
65 square metres
(j) Minimum Amenity Area
Required
-
AMENITY AREA means open space
areas, balconies or recreation facilities,
or other similar facilities in a residential
or mixed-use development which
provide recreational space for the
residents of a development.
SECTION 7
COMMERCIAL AND MIXED USE ZONES
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FINAL - July 2022
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-
-
-
Each dwelling unit or suite shall be
provided with a minimum amenity area
of 15 square metres for the first 8
dwelling units or suites and 7.5 square
metres for each dwelling unit or suite in
excess of 8.
Notwithstanding the above clause, the
required amount of amenity area shall
not be required to exceed fifteen percent
(15%) of the lot area.
A minimum of 50 square metres of the
amenity area shall be required in a
contiguous area.
(k) Outside Storage Accessory to
a Commercial Use
-
Prohibited
(l) Minimum Parking
Requirements
-
-
-
1.10 spaces per dwelling unit plus 0.13
visitor spaces per dwelling unit
All other uses in accordance with the
provisions of Section 4
All required visitor parking spaces shall
be clearly identified, demarcated, and
signed accordingly.
(m) Minimum Long-Term Bicycle
Parking Requirements
-
0.15 spaces per dwelling unit.
7.5.31.3 Section 37 Provisions
(a)
Pursuant to Section 37 of the Planning Act, as it read the day before
Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020
came into force and subject to compliance with this By-law, the increase in
height and density permitted by subsection 7.5.31.2 (c) and (d) of this By-
law shall only be permitted in return for the provision by the owner of the
lands, at the owner's sole expense, the facilities, services and matters set
out in Appendix 2 hereof and which are secured by one or more
agreements pursuant to Subsection 37(3) of the Planning Act that are in a
SECTION 7
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form and registered on title to the lands, to the satisfaction of the Town
Solicitor.
(b)
Where Appendix 2 of this By-law requires the owner to provide certain
facilities, services or matters prior to the issuance of a building permit, the
issuance of such permit shall be dependent on satisfaction of the same.
(c)
The owner shall not use, or permit the use of, a building or structure
erected with an increase in height and density pursuant to this By-law
unless all provisions of Appendix 2 are satisfied.
7.5.31.4
That the "H" symbol shall, upon application by the landowner, be removed by Town
Council passing a By-law under Section 36 of the Planning Act. The following
conditions shall first be completed to the satisfaction of the Director of Planning of
the Town of Lincoln:
(a)
A 3.0 metre road widening has been dedicated to the Town to
accommodate future upgrading of Greenlane Road to a full urban
cross section;
(b)
Sufficient wastewater services are or will be available to accommodate
the proposed development to the satisfaction of the Niagara Region
and the Town of Lincoln;
(c)
Sufficient road network functionality is or will be available to
accommodate the proposed development to the satisfaction of the
Niagara Region and the Town of Lincoln; and
(d)
The Owner has entered into a Site Plan Agreement and the
Agreement has been registered on title.
7.5.32 GC-32 (MIXED USE BUILDING)
Notwithstanding the provisions of the General Commercial zone, the lands indicated
as GC-32 (H) on Schedule A1 shall be subject to the following:
7.5.32.1 PROVISIONS
SECTION 7
COMMERCIAL AND MIXED USE ZONES
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FINAL - July 2022
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(a) Maximum density
-
347 apartment units
(b) Minimum yard setback
(i) South property line
(ii) East property line
(iii) North property line
(iv) Urban boundary
-
-
-
-
4 metres
6.5 metres
36.4 metres
1.6 metres
(c) Minimum building stepback
(i) South Façade - Floors 2
to 6
(ii) South Façade - Floors 7
to 10
-
-
14.7 metres
48.9 metres
(d) Maximum building height
-
10 storeys to a maximum of 32.9 metres
(e) Maximum height to rooftop
mechanical suite
-
36.7 metres
(f) Minimum landscaped open
space
-
60%
(g) Minimum amenity area
required
-
10 square metres per dwelling unit
(h) Minimum parking requirements -
-
-
1.0 spaces per dwelling unit plus 0.1
visitor spaces per dwelling unit
All other uses in accordance with the
provisions of Section 4
All required visitor parking spaces shall
be clearly identified, demarcated, and
signed accordingly.
(i) Minimum bicycle parking
requirements
-
0.41 long-term bicycle parking spaces
per dwelling unit. Long-term bicycle
parking spaces shall be for the use of
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 265
-
occupants of a building and shall be
located in a secure enclosed bicycle
parking area.
8 spaces of short-term bicycle parking
(j) Minimum dwelling unit area
(i) One bedroom
(ii) Two bedrooms or more
-
-
46 square metres
60 square metres
(k) Minimum gross floor area of
commercial space
-
302 square metres
(l) Maximum height of a parking
structure in the rear yard
setback
-
2.2 metres
7.5.32.2 SECTION 37 PROVISIONS
(a) Pursuant to Section 37 of the Planning Act, as it read the day before Section 1
of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force
and subject to compliance with this By-law, the increase in density permitted by
subsection 7.5.32.1 (a) of this By-law shall only be permitted in return for the
provision by the owner of the lands, at the owner's sole expense, the facilities,
services and matters set out in Appendix 2 hereof and which are secured by
one or more agreements pursuant to Subsection 37(3) of the Planning Act that
are in a form and registered on title to the lands, to the satisfaction of the Town
Solicitor.
(b) Where Appendix 2 of this By-law requires the owner to provide certain facilities,
services or matters prior to the issuance of a building permit, the issuance of
such permit shall be dependent on satisfaction of the same.
(c) The owner shall not use, or permit the use of, a building or structure erected
with an increase in density pursuant to this By-law unless all provisions of
Appendix 2 are satisfied.
7.5.32.3
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 266
That the "H" symbol shall, upon application by the landowner, be removed by Town
Council passing a By-law under Section 36 of the Planning Act. The following
conditions shall first be completed to the satisfaction of the Director of Planning of
the Town of Lincoln:
(a)
A 3.0 metre road widening has been dedicated to the Town to
accommodate future upgrading of Greenlane Road to a full urban
cross section.
(b)
Sufficient wastewater services and water (including fire flow) are or will
be available to accommodate the proposed development to the
satisfaction of the Niagara Region and the Town of Lincoln.
(c)
That the Owner has submitted an approved Transportation Impact
Study (TIS) to the satisfaction of the Town of Lincoln, and the Regional
Municipality of Niagara identifying and designing any future required
upgrades, and validating that sufficient road network functionality is
currently or planned to be available to accommodate the proposed
development.
(d)
That suitable financial arrangements have been prepared to the
satisfaction of the Town of Lincoln, and if required the Regional
Municipality of Niagara, with respect to any cost sharing arrangements,
if applicable, pertaining to any servicing infrastructure requirements.
(e)
Registration on title of a Section 37 Agreement per the Planning Act
and to the satisfaction of the Town of Lincoln.
(f)
The applicant has entered into a Site Plan Agreement and the
Agreement has been registered on title.
7.5.33 GC-33 (BEACON)
Notwithstanding the provisions of the General Commercial Zone, the lands indicated
as GC-33 on Schedule 'A' may only be used for the following uses:
-
Artisan Shop
-
Automotive Use
-
Casino
-
Eating Establishment
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 267
-
Farm produce outlet
-
Garden Centre
-
Hotel/Motel
-
Marina
-
Parking Lot
-
Place of Entertainment
-
Private clubs accessory to a permitted use
-
Recreational use
-
Retail Use
-
Accessory single detached dwelling
Notwithstanding the provisions of the General Commercial Zone, the maximum
height of a Casino and a Hotel/Motel shall be 35 m.
7.6
Zone Exceptions (Office Commercial)
In addition, the lands are located within the 100 Year Erosion Limit of Lake Ontario
and therefore the Niagara Peninsula Conservation Authority will determine the
required setback from Lake Ontario.
7.6.1 OC-1 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the Office Commercial Zone or any other provision
contained herein to the contrary, the following shall apply to the lands zoned OC-1
on Schedule 'A4':
7.6.1.1 PERMITTED USES
(a)
Banquet and/or convention centre
(b)
Clinic
(c)
Commercial school
(d)
Community Facilities/Centre
(e)
Culinary school
(f)
Daycare Centre
(g)
Financial Use
(h)
Firehall
(i)
Government services
(j)
Hotels
(k)
Office use
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
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(l)
Personal service use, accessory to a permitted use
(m)
Post office
(n)
School
(o)
Recreation use, accessory to a permitted use
(p)
Research and development centre
(q)
Retail use, accessory to a permitted use
(r)
Tourist centre and/or welcome centre
7.6.1.1 PROVISIONS
Notwithstanding Subsection 7.3 Zone Regulations of the Office Commercial (OC)
Zone, those lands as indicated as OC-1 on Schedule 'A4' shall also be subject to the
following provisions:
(a)
Accessory Uses
-
Shall occupy a maximum of 20% of the
total floor area of each building within
which any accessory use is located
(b)
Minimum Lot Frontage
-
20 metres
(c)
Minimum Lot Area
-
1000 square metres
(d)
Minimum Building Height
-
2 storeys and 7 metres
(e)
Maximum Building Height
-
6 storeys up to 25 metres.
Notwithstanding the maximum building
height, the façade of the building facing
a public street shall include a stepback
of a minimum of 2 metres above the 3rd
storey
(f)
Minimum Landscaped Open
Space
-
20%
(g)
Minimum Yard Setback
Requirements
(i) Yard Abutting A Public
Street
-
-
1 metres
10 metres
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
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(ii) Interior Side and Rear
Yard
(h)
Maximum Yard Setback
Abutting a Public Street
-
6 metres
(i)
Minimum Width of a Planting
Strip Adjacent to a Residential
Zone
-
3 metres
(j)
Parking
-
In accordance with the provisions of
Section 4
(k)
Minimum Bicycle Parking
Requirement
-
1 short-term bicycle parking space for
each 1,000 square metres of building
gross floor area, up to a maximum of 20
bicycle parking spaces per lot. Short-
term bicycle parking spaces shall be
located within a bicycle parking area at
grade
(l)
Location of Surface Parking
-
-
Must be screened from view from any
public street and Residential Zone
Minimum setback of 10 metres adjacent
to a collector road.
7.6.2 OC-2 (PRUDHOMMES LANDING)
Notwithstanding the provisions of the Office Commercial Zone, the regulations of
Subsection 7.6.1 (OC-1) shall apply to the lands indicated as OC-2 on Schedule 'A4',
with the exception of the following:
(a)
Maximum Building Height
-
15 storeys to a maximum of 52.5 metres
(b)
Maximum Yard Setback
Abutting a Public Street
-
12 metres, except where the yard abuts
North Service Road, the maximum yard
setback shall be 20 metres
(c)
Minimum Yard Setback
adjacent to North Service
Road
-
14 metres
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 270
(d)
Minimum Width of Planting
Strip Adjacent to North Service
Road
-
4.5 metres
7.6.3 OC-3 (VEHICLE FUELING STATION) Roll # 010-002-13300
Notwithstanding the provisions of the Industrial Zone, the lands indicated as OC-3 on
Schedule 'A1' shall only be used for the following uses:
(a)
Clinic
(b)
Convenience Store
(c)
Eating Establishment, Take Out
(d)
Financial Use
(e)
Office Use
(f)
Printing and/or Publishing Establishment
(g)
Warehouse
(h)
Wholesale Use
(i)
Vehicle Fueling Station
(j)
Vehicle Wash Establishment
(k)
Veterinary Clinic
Notwithstanding the provisions of the Prestige Industrial Zone, the lands indicated as
OC-3 on Schedule 'A1' shall be subject to the following provisions:
(a) Minimum Interior Side Yard
-
5.4 metres
(b) Outside Storage
-
None permitted
(c) Minimum Floor Area
-
260 square metres
7.6.4 OC-4 (TRUCK STOP) Roll #'s 010-002-13503, 010-002-13505, 010-002-13506
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 271
Notwithstanding the provisions of the Office Commercial Zone, in addition to the
uses permitted in the Office Commercial Zone, the lands indicated as OC-4 on
Schedule 'A1' may also be used for a truck stop having a maximum gross floor area
of 140 square metres.
7.6.5 OC-5 (OUTSIDE STORAGE) Roll #'s 010-002-15802, 010-002-18101
Notwithstanding the provisions of the Office Commercial Zone, the lands indicated
as OC-5 on Schedule 'A1' shall be subject to the following provisions:
(a)
Outside storage shall be permitted in the interior side yard and rear
yard
(b)
In no case shall outside storage be located closer than 25 metres from
the QEW South Service Road
(c)
Outside storage is to be fully screened from view from adjacent streets
by means of fencing and/or landscaping features.
7.6.6 OC-6 (WEIGH STATION) Roll # 010-002-13520
Notwithstanding the provisions of the Office Commercial Zone, in addition to the
uses permitted in the Office Commercial Zone, the lands indicated as OC-6 on
Schedule 'A1' may also be used for a truck weigh scale station.
7.7
Zone Exceptions (Rural Commercial)
In accordance with subsection 5.2, the following special provisions shall apply to
those lands shown on the zoning schedules as having reference to the
corresponding special provision number:
7.7.1 RUC-1 (FARM MACHINERY REPAIR) Roll # pt 040-018-05600
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-1 on Schedule 'A8' shall only be used for the repair of farm machinery and
all repairs shall take place indoors.
7.7.2 RUC-2 (SPECIALITY FOOD STORE) Roll # 030-006-18000
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-2 on schedule 'A5' shall only be used for the following uses:
(a)
Artisan Shop
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 272
(b)
Convenience Store
(c)
Daycare Centre
(d)
Farm Produce Outlet
(e)
Garden Centre
(f)
Large Animal Veterinary Clinic
(g)
Specialty Food Store.
7.7.3 RUC-3 (CAR DEALERSHIP) Roll # 010-002-30800
Notwithstanding the provisions of the Rural Commercial (RUC) Zone, the lands
indicated as RUC-3 on Schedule 'A' may also be used for a vehicle sales and rental
establishment and shall be subject to the following provisions:
(a) Minimum Front Yard
-
14 metres
(b) Minimum Rear Yard
-
8 metres.
7.7.4 RUC-4 (EATING ESTABLISHMENT) Roll # 020-001-30200, 020-001-30400
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-4 on Schedule 'A' shall only be used for the following uses:
(a)
Artisan Shop
(b)
Convenience Store
(c)
Daycare Centre
(d)
Eating Establishment
(e)
Farm Produce Outlet
(f)
Garden Centre
(g)
Large Animal Veterinary Clinic
(h)
Nursery School.
7.7.5 RUC-5 (HYDROPONICS) Roll # 020-001-28000
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 273
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-5 on Schedule 'A' shall only be used for a greenhouse and hydroponic
supply outlet.
7.7.6 RUC-6 (TRIATHLON BUSINESS) Roll # 030-006-12400
7.7.6.1
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
uses permitted in the Rural Commercial Zone, the lands indicated as RUC-6 on
Schedule 'A' may also be used for an office use and a storage use related to the
organization of triathlon events.
7.7.6.2
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-6 on Schedule 'A' shall be subject to the following provisions:
(a) Minimum Lot Area
-
4,200 square metres
(b) Minimum Front Yard for an
Existing Building
-
2.3 metres.
7.7.7 RUC-7 (WHOLESALE FLOWERS) Roll # 020-001-17100
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
uses permitted in the Rural Commercial Zone, the lands indicated as RUC-7 on
Schedule 'A' may also be used for the wholesaling of flowers and shall be subject to
the following provisions:
(a) Minimum Side Yard
-
4.5 metres
(b) Minimum Rear Yard
-
7.5 metres
(c) Maximum Lot Coverage
-
50%.
7.7.8 RUC-8 (MANUFACTURING AND WAREHOUSE) Roll #'s 010-002-01700,
010-002-06300, 010-002-06400, 030-006-12300
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
uses permitted in the Rural Commercial Zone, the lands indicated as RUC-8 on
Schedule 'A' may also be used for manufacturing and a warehouse.
7.7.9 RUC-9 (CAR DEALERSHIP) Roll# 030-006-12200
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 274
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
uses permitted in the Rural Commercial Zone, the lands indicated as RUC-9 on
Schedule 'A' may also be used for a vehicle sales and rental establishment.
7.7.10 RUC-10 (AGRIBUSINESS) Roll # 010-002-03400
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
uses permitted in the Rural Commercial Zone, the lands indicated as RUC-10 on
Schedule 'A' may also be used for the manufacturing of wood boxes and baskets
and plastic products for agricultural use and shall be subject to the following
provisions:
(a) Maximum Lot Coverage
-
20%.
(b) The regulations of Section 8 shall apply thereto with the exception of
subsection 7.7.10(a).
7.7.11 RUC-11 (METAL FABRICATING) Roll # 010-002-29200
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
permitted uses of the Rural Commercial Zone, the lands indicated as RUC-11 on
Schedule 'A' may also be used for a fabricating shop, machine shop, custom work
and service shop and welding shop and shall be subject to the following provisions:
(a) Minimum Side Yard
-
4.6 metres
(b) Minimum Rear Yard
-
1.2 metres
(c) Maximum Lot Coverage
-
50%.
(d) Open air operations, storage and display of goods and materials are prohibited.
7.7.12 RUC-12 (FORMER POST OFFICE) Roll # 040-005-03000
7.7.12.1
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-12 on Schedule 'A' shall only be used for the following uses:
(a)
Artisan Shop
(b)
Convenience Store
(c)
Dry Cleaning Distribution Establishment
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 275
(d)
Eating Establishment, not including a drive-thru facility
(e)
Farm Produce Outlet
(f)
Florist
(g)
Garden Centre
(h)
Personal Service Use
(i)
Specialty Food Store.
7.7.12.2
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-12 on Schedule 'A' shall be subject to the following provisions:
(a) Minimum Front Yard Setback
-
7 metres
(b) Minimum Southerly Interior
Side Yard Setback
-
3.6 metres
(c) Minimum Landscaped Open
Space
-
20%
(d) Parking Setback from Westerly
Property Line
-
0 metres
(e) Planting Strip requirement
along Northerly and Westerly
Property Lines
-
None
(f) Planting Strip Requirement
along Southerly Property Line
-
3 metres
(g) Maximum Floor Area, Public
for an eating establishment,
not including a drive-thru
facility
-
42.5 square metres
(h) Maximum Gross Floor Area
-
100 square metres
(i) Minimum number of parking
spaces
-
11
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 276
(j) No outdoor area shall be used for the consumption of food and beverages.
7.7.13 RUC-13 (FARM PRODUCE OUTLET) Roll # 010-003-02900
7.7.13.1
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-13 on Schedule 'A' shall only be used for the following uses:
(a)
Agricultural Produce Warehouse and/or Shipping Use
(b)
Artisan Shop
(c)
Farm Produce Outlet
(d)
Large Animal Veterinary Clinic
(e)
Garden Centre
(f)
Winery and Distillery, including a Retail and Hospitality Room.
7.7.13.2
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-13 on Schedule 'A' shall be subject to the following provisions:
(a) Minimum Westerly Yard
Setback
-
13 metres
(b) Maximum Gross Floor Area for
a Retail and Hospitality Room
Accessory to a Winery and
Distillery
-
200 square metres
(c) Outside Storage
-
Prohibited in any yard that abuts the
QEW North Service Road. Outside
storage and materials, including refuse
containers and materials, are to be fully
screened from view of adjacent streets
by means of fencing and/or landscape
features.
7.7.14 RUC-14 (TRUCK TRANSPORT TERMINAL) Roll # 040-004-11801
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
SECTION 7
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Town of Lincoln Zoning By-law
FINAL - July 2022
Page 277
uses permitted in the Rural Commercial Zone, the lands indicated as RUC-14 on
Schedule 'A' may also be used for a truck transport terminal.
7.7.15 RUC-15 (WINDOW AND DOOR MANUFACTURING) Roll # pt 010-003-
15800
7.7.15.1
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated,
as RUC-15 on Schedule 'A' shall only be used for the following uses:
(a)
Agricultural produce warehouse and/or shipping
(b)
Agricultural research use
(c)
Bed and breakfast establishment
(d)
Farm produce outlet
(e)
Farm service and supply establishment
(f)
Garden Centre
(g)
Large Animal Veterinary Clinic
(h)
Manufacturing and Assembling of Windows and Doors
(i)
Single detached Dwelling.
7.7.15.2
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated,
as RUC-15 on Schedule 'A' shall be subject to the following provision:
(a) Minimum easterly interior side
yard
-
1.8 metres.
7.7.16 RUC-16 (PRIVA PLAN TECH) Roll #'s 040-005-14400, 040-005-14402
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
uses permitted in the Rural Commercial Zone, the lands indicated as RUC-16 on
Schedule 'A' may also be used for an office use and the manufacturing of
thermostatic controls.
7.7.17 RUC-17 (INDUSTRIAL REPAIR GARAGE) Roll # 040-011-30501
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 278
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-17 on Schedule 'A' shall only be used for the following uses:
(a)
Automotive Use
(b)
Industrial Repair Garage
(c)
Truck Transport Terminal
(d)
Vehicle Body Shop
(e)
Single Detached Dwelling.
7.7.18 RUC-18 (AUCTION) Roll # 040-005-20800
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
uses permitted in the Rural Commercial Zone, the lands indicated as RUC-18 on
Schedule 'A' may also be used for an auction sales business in the existing barn
and subject to the following provision:
(a) Minimum Number of Parking
Spaces
-
50 spaces.
7.7.19 RUC-19 (WOOD CREATIONS) Roll # 030-006-10300
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
uses permitted in the Rural Commercial Zone, the lands indicated as RUC-19 on
Schedule 'A' may also be used for the manufacturing of wood products.
7.7.20 RUC-20 (COMMERCIAL/INDUSTRIAL USE) Roll # 030-008-32300
7.7.20.1
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-20 on Schedule 'A' shall only be used for the following uses:
(a)
Agricultural Produce Warehouse and/or Shipping
(b)
Agricultural Research
(c)
Farm Produce Outlet
(d)
Farm Service and Supply Establishment
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 279
(e)
Garden Centre
(f)
Light Manufacturing/Fabricating, except uses that require Water in
their Process
(g)
Repair or Maintenance of Commercial Trucks Accessory to a Truck
Rental Establishment
(h)
Retail Sale of Utility Trailers
(i)
Retail Use Accessory to a Permitted Use
(j)
Truck Rental Establishment
(k)
Vehicle Service and Repair Establishment
(l)
Warehouse or Storage Use
(m) Wholesale Use
(n)
Single Detached Dwelling.
7.7.20.2
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-20 on Schedule 'A' shall be subject to the following provisions:
(a) Minimum Westerly Interior Side
Yard for Permitted Uses (a) to
(m)
-
20 metres
(b) Minimum Rear Yard for
Structural Development
Associated with Permitted
Uses (a) to (m)
-
5 metres
(c)
Minimum Easterly Interior Side
Yard for an Existing Building
-
2.5 metres
(d) Maximum Lot Coverage
-
15%
(e) Minimum Landscaped Open
Space
-
28%
(f)
Outside Storage
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 280
(i)
Only permitted accessory
to Permitted Uses (d), (e),
(h), (j) and (k)
(ii) Not permitted within 2.5
metres of the easterly lot
line
(iii) Not permitted within 20
metres of the westerly lot
line
(iv) A maximum of 12 trucks,
passenger cars or
combination thereof may
be displayed for sale or
rental, of which a
maximum of 6 may be
permitted to be displayed
within 26 metres of the
northerly lot line
(v) A maximum of 9 utility
trailers may be displayed
for sale within 26 metres of
the northerly lot line
(g) Minimum Parking Setback from
Street Line, Easterly Lot Line
and Southerly Lot Line
-
0 metres
(h) Minimum Parking Setback from
Westerly Lot Line
-
20 metres
(i)
Minimum Width of Planting
Strip Adjacent to Westerly Lot
Line
-
20 metres
(j)
Minimum Width of Planting
Strip Adjacent to Easterly Lot
Line and Southerly Lot Line
-
0 metres.
7.7.21 RUC-21 (BUILDING CONTRACTOR) Roll # 030-008-43100
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
permitted uses of the Rural Commercial Zone, the lands indicated as RUC-21 on
Schedule 'A' may also be used for building supply and service, a contractor's yard,
and a special trade contractor.
7.7.22 RUC-22 (WAREHOUSE- C.N.R.) No Roll #
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 281
Notwithstanding the provisions of the Rural Commercial Zone, in addition to the
permitted uses of the Rural Commercial Zone, the lands indicated as RUC-22 on
Schedule 'A' may also be used for a warehouse.
7.7.23 RUC-23 (CUSTOM WOODWORKING SHOP) Roll # 040-015-08200
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-23 on Schedule 'A' shall only be used for an artisan shop, a custom
woodworking shop and a single detached dwelling and shall be subject to the
following provision:
(a) Minimum Lot Area
-
4,700 square metres.
7.7.24 RUC-24 (CUSTOM PHOTOFINISHING LAB) Roll # 040-015-03900
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-24 on Schedule 'A' shall only be used for:
(a)
Artisan shop
(b)
Custom photo finishing lab
(c)
Single detached dwelling.
7.7.25 RUC-25 (AGRICULTURE PRODUCE PROCESSING) Roll # pt 040-005-
06200
7.7.25.1
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-25 on Schedule 'A' shall only be used for the following uses:
(a)
Agricultural Use
(b)
Agriculture Produce Processing
(c)
Agricultural Produce Warehouse and/or Shipping
(d)
Artisan Shop
(e)
Estate Winery
(f)
Farm Produce Outlet
(g)
Garden Centre
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 282
(h)
Retail Use Accessory to a Permitted Use
(i)
Single Detached Dwelling.
7.7.25.2
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-25 on Schedule 'A' shall be subject to the following provision:
(a) Maximum Lot Coverage
-
25%.
7.7.26 RUC-26 (VEHICLE SERVICE AND REPAIR ESTABLISHMENT AND
VEHICLE BODY SHOP) Roll # 020-001-31500
Notwithstanding the provisions of the Rural Commercial Zone, the lands indicated
as RUC-26 on Schedule 'A' shall only be used for the following uses:
(a)
Vehicle Service and Repair Establishment;
(b)
Vehicle Body Shop; and
(c)
Single detached Dwelling.
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 283
SECTION 8 - INDUSTRIAL ZONES
No land shall be used, no buildings or structures shall be erected and no lot
shall be altered in the Industrial Zones except in accordance with the applicable
General Provisions (Section 3.0) and Parking and Loading Requirements
(Section 4.0) and the following:
8.1
List of Applicable Zones
Industrial Zones
ZONE
SYMBOL
Industrial Zone
IN
Industrial Extractive Zone
EI
8.2
Permitted Uses
Uses permitted in the Industrial Zones are identified with a "-" in the column
applicable to that zone and corresponding with the row for a specific permitted
use in Table 8.2 - Permitted Uses. Where an "E" is identified in the column, only
uses which legally existed on the date of passing of this By-law shall be
permitted. All permitted uses shall be subject to the applicable zone regulations
provided in Section 8.3 and the General Provisions provided in Section 3.0,
where applicable.
Table 8.2 - Permitted Uses
Uses
IN
EI
Adult entertainment
-
Agricultural use
-
Automotive use
-
Banquet hall
-
Building supply and service
-
Commercial School
-
Concrete batching or asphalt plant
-
Conservation use
-
Contractor's yard
-
Equipment sales and rental establishment
-
Extractive use
-
Farm service and supply establishment
-
-
Industrial repair garage
-
Manufacturing
-
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 284
Uses
IN
EI
Merchandise rental use
-
Office use
E
Outside storage
E
Parking area
-
Personal service use
-
Place of entertainment
-
Printing and/or publishing establishment
-
Public transportation depot
-
Research centre
-
Retail Use
E
Service or repair use
-
Shipping or distribution use
-
Special trade contractor
-
Swimming pool sales and service outlet
-
Truck transport terminal
-
Vehicle body shop
-
Veterinary Clinic
-
Warehouse or storage use
-
Wholesale use
-
8.3
Zone Regulations
The following zone regulations identified in Table 8.2 shall apply to the
respective Industrial Zones.
Table 8.3 - Regulations for the Industrial Zones
Zone Regulations
IN
EI
Minimum Lot Area
3,000 sq. m.
9 ha
Minimum Lot Frontage
30 m
150 m
Minimum Front Yard
6 m
30 m
Minimum Interior Side Yard
4 m, except
that where the
interior side
yard abuts a
Residential
Zone, 15 m is
required, and
except that
where the
interior side
yard abuts a
30 m
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 285
Zone Regulations
IN
EI
railway right-
of-way, 7.5 m
is required
Minimum Exterior Side Yard
6 m
30 m
Minimum Interior Side Yard
or Rear Yard Abutting a
Railway Siding Serving the
Property, or a Hydro Right-of-
Way
0 m
N/A
Minimum Rear Yard
7.5 m, except
that where the
rear yard
abuts a
Residential or
Agricultural
Zone, 15 m is
required.
30 m
Maximum Lot Coverage
75%
N/A
Maximum Building Height
17 m
N/A
Minimum Landscaped Open
Space
10%
N/A
Outside Storage
See (1)
See (2)
Minimum Floor Area
380 sq. m.
N/A
Retail Use Area
maximum of
10% of the
ground floor
area or 200 sq
m, whichever
is the greater
N/A
Other
N/A
N/A
Notes:
1. Outside operations and storage of goods and materials including refuse
containers are not permitted within 9 metres of a Residential Zone.
Outside operations and storage of goods and materials including refuse
containers shall be permitted in the rear yard and in the case of a corner
lot, not within the required exterior side yard setback. Outside
operations and the storage of goods and materials including refuse
containers is prohibited in any yard which abuts the QEW and the QEW
Service Roads. Outside operations and the storage of goods and
materials, including refuse materials are to be fully screened from the view
of adjacent streets by means of fencing and/or landscaping features.
2. Outside Storage of goods and materials shall not be permitted within 90
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 286
metres of any residential dwelling existing at the time the license or
permit was issued.
8.4 Zone Exceptions (Industrial Zone)
8.4.1 IN-1 (MOYER DIEBEL) Roll # 030-008-30000
Notwithstanding the provisions of the Industrial Zone, the lands indicated as IN-18
on Schedule 'A' shall not be used for any manufacturing use that requires water in
its operation, and shall be subject to the following provisions:
(a) Minimum Yard Abutting a Street
-
10.7 metres
(b) Parking Location
-
1 metres from streetline.
8.4.2 IN-2 (AVONDALE CORPORATE OFFICES) Roll # 030-003-30200
Notwithstanding the provisions of the Industrial Zone, the lands indicated
as IN-2 on Schedule 'A' shall not be used for any manufacturing use that requires
water in its operation.
8.4.3 IN-3 (BARTLETT INDUSTRIAL AREA) Roll #'s pt 010-023-24700, 010-023-
24800, 010-023-24900, 010-023-24901, 010-023-24902, 010-023-25000, 010-
023-25100
8.4.3.1
Notwithstanding the provisions of the Industrial Zone, the lands indicated as IN-3
on Schedule 'A2' shall only be used for the following uses:
(a)
Assembly Use
(b)
Auction Centre
(c)
Automotive Use
(d)
Building Supply and Service Use
(e)
Existing Processing of Food Products for Domestic Animals
(f)
Farm Service and Supply Establishment
(g)
Household Furnishing Establishment
(h)
Machine Shop
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 287
(i)
Merchandise Rental Use
(j)
Office Use
(k)
Retail Use Accessory to a Permitted Use
(l)
Service or Repair Use
(m) Special Trade Contractor
(n)
Swimming Pool Sales and Service Outlet
(o)
Veterinary Clinic
(p)
Warehouse or Storage Use
(q)
Wholesale Use.
8.4.3.2
Notwithstanding the provisions of the Industrial Zone, the lands indicated as IN-3
on Schedule 'A2' shall be subject to the following provisions:
(a) Minimum Front Yard
-
15 metres
(b) Minimum Landscaped Open
Space
-
20%
(c) Maximum Lot Coverage
-
40%.
8.4.4 IN-4 (CONCRETE PRODUCTS) Roll #'s pt 010-023-25300, pt 010-023-
25400
8.4.4.1
Notwithstanding the provisions of the Industrial Zone, the lands indicated as IN-4
on Schedule 'A2' shall only be used for the following uses:
(a) Assembly Use
(b) Auction Centre
(c) Automotive Use
(d) Building Supply and Service Use
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 288
(e) Existing Manufacturing of Concrete and Concrete Products
(f)
Farm Service and Supply Establishment
(g) Household Furnishing Establishment
(h) Machine Shop
(i)
Merchandise Rental Use
(j)
Office Use
(k) Retail Use Accessory to a Permitted Use
(l)
Service or Repair Use
(m) Special Trade Contractor
(n) Swimming Pool Sales and Service Outlet
(o) Veterinary Clinic
(p) Warehouse or Storage Use
(q) Wholesale Use.
8.4.4.2
Notwithstanding the provisions of the Industrial Zone, the lands indicated as IN-4
on Schedule 'A2' shall be subject to the following provisions:
(a) Minimum Front Yard
-
20 metres
(b) Minimum Landscaped Open
Space
-
20%
(c) Maximum Lot Coverage
-
30%.
8.4.5 IN-5 (DURHAM INDUSTRIAL AREA) Roll #'s 020-001-17700, 020-001-
17900, 020-001-18000, 020-001-18100, 020-001-20600, 020-001-20700, 020-
001-32200, 020-001-32201, 020-001-32300, 020-001-32500
Notwithstanding the provisions of the Industrial Zone, the lands indicated as IN-5
on Schedule 'A' shall only be used for the following purposes and be subject to the
requirements of subsection 6.28 and 6.38(d):
(a) Automotive Use
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 289
(b) Building Supply and Service
(c) Farm Produce Outlet
(d) Farm Service and Supply Establishment
(e) Garden Centre
(f)
Manufacturing, except Manufacturing Uses that Require Water in their
Operation.
(g) Merchandise Rental Use
(h) Office Use
(i)
Service or Repair Use
(j)
Special Trade Contractor
(k) Swimming Pool Sales and Service Outlet
(l)
Vehicle Body Shop
(m) Veterinary Clinic
(n) Warehouse or Storage Use
(o) Wholesale Use
(p) Outside Storage Accessory to a Permitted Use.
8.4.6 IN-6 (GREENHOUSE USE) Roll #s 010-002-05600, 010-002-05601
Notwithstanding the provisions of the Industrial Zone, in addition to the permitted
uses of the Industrial Zone, the lands indicated as IN-6 on Schedule 'A1' may
also be used for greenhouses purposes in accordance with the provisions of
subsection 8.2.4
8.4.7 IN-7 (DURHAM INDUSTRIAL AREA) Roll #'s 020-001-20300, 020-001-
20500, 020-001-32700
Notwithstanding the provisions of the Industrial zone, the lands indicated as IN-7
on Schedule 'A' shall only be used for the following purposes and be subject to the
requirements of subsection 6.28 and 6.38(d):
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 290
(a) Automotive Use
(b) Building Supply and Service
(c) Farm Produce Outlet
(d) Farm Service and Supply Establishment
(e) Garden Centre
(f)
Manufacturing, except Manufacturing uses considered as Class III
under the Ministry of Environment Guidelines D6, as amended from time
to time, and except Manufacturing uses that require water in their
operation
(g) Merchandise Rental Use
(h) Office Use
(i)
Recreational Use
(j)
Service or Repair Use
(k) Special Trade Contractor
(l)
Swimming Pool Sales and Service Outlet
(m) Vehicle Body Shop
(n) Veterinary Clinic
(o) Warehouse or Storage Use
(p) Wholesale Use
(q) Outside Storage Accessory to a Permitted Use.
8.4.8 IN-8 (CHEESE MANUFACTURING FACILITY) Roll # 030-008-19000
Notwithstanding the provisions of the Industrial Zone, the lands indicated as IN-8
on Schedule 'A7' shall only be used for a cheese manufacturing facility and the
retail sale of cheese products and shall be subject to the following provisions:
(a) Minimum Northerly Side Yard
Setback
-
20 metres
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 291
(b)
Minimum Floor Area
-
275 square metres.
8.4.9 IN-9 (INDUSTRIAL USE) Roll # 030-008-22400
Notwithstanding the provisions of the Industrial Zone, the lands indicated as IN-9
on Schedule 'A7' may only be used for the following uses:
(a) Auction centre
(b) Automotive use
(c)
Banquet and/or convention centre
(d) Commercial school
(e) Eating establishment
(f)
Equipment sales and rental establishment
(g) Farm service and rental establishment
(h) Financial use
(i)
Household furnishing establishment
(j)
Manufacturing
(k)
Merchandise rental use
(l)
Motel/hotel
(m) Office use
(n) Personal service use
(o) Place of entertainment
(p) Research centre
(q) Retail use accessory to a permitted use
(r)
Service or repair use
(s)
Veterinary Clinic
(t)
Warehouse
(u) Wholesale use
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 292
8.4.10 IN-10 (OUTSIDE STORAGE) Roll #'s 010-002-13532, 010-002-13534,
010-002-25201
Notwithstanding the provisions of the Industrial Zone, the lands indicated as IN-
10 on Schedule 'A1' shall be subject to the following provisions:
(a) Outside storage shall be permitted in the interior side yard and rear
yard
(b) In no case shall outside storage be located closer than 25 metres from
the QEW South Service Road
(c)
Outside storage is to be fully screened from view from adjacent streets
by means of fencing and/or landscaping features.
8.4.11 IN-11 (DURHAM INDUSTRIAL AREA) Roll # 030-009-03700
Notwithstanding the provisions of the Industrial zone, the lands indicated as IN-
11 on Schedule 'A7' shall only be used for the following uses:
(a)
Automotive Use
(b)
Building Supply and Service
(c)
Farm Produce Outlet
(d)
Farm Service and Supply Establishment
(e)
Garden Centre
(f)
Manufacturing, except Manufacturing uses considered as Class III
under the Ministry of Environment Guidelines D6, as amended from
time to time, and except Manufacturing uses that require water in their
operation
(g)
Merchandise Rental Use
(h)
Office Use
(i)
Recreational Use
(j)
Service or Repair Use
(k)
Special Trade Contractor
SECTION 8
INDUSTRIAL ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 293
(l)
Swimming Pool Sales and Service Outlet
(m) Vehicle Body Shop
(n)
Veterinary Clinic
(o)
Warehouse or Storage Use
(p)
Wholesale Use
(q)
Outside Storage Accessory to a Permitted Use.
8.5
Zone Exceptions (Extractive Industrial Zone)
8.5.1 EI-1 (VINELAND QUARRIES) Roll # 040-017-04800
Notwithstanding the provisions of the Extractive Industrial Zone, the lands
indicated as EI-1 on Schedule 'A' shall not be used for a concrete batching or
asphalt plant, or for the storage, sorting, or crushing of used concrete and/or
asphalt products.
8.5.2 EI-2 (H)
Prior to the Holding provision being lifted, the following conditions must be met:
(a)
A Natural Environment Report shall be completed in accordance with
the Aggregate Resources Act. If required, mitigation shall be
implemented to ensure there are no negative impact to ecological
features or functions to the satisfaction of the Town in consultation
with the Region of Niagara and Niagara Peninsula Conservation
Authority; and,
(b)
The Town is satisfied that the alvar community located within
Aggregate Resources Act Licence #61667 has been protected.
SECTION 9
INSTITUTIONAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 294
SECTION 9 - INSTITUTIONAL ZONE
No land shall be used, no buildings or structures shall be erected and no lot shall be
altered in the Institutional Zone except in accordance with the applicable General
Provisions (Section 3.0) and Parking and Loading Requirements (Section 4.0) and the
following:
9.1
List of Applicable Zones
Institutional Zone
ZONE
SYMBOL
Institutional Zone
I
9.2
Permitted Uses
Uses permitted in the Institutional Zone are identified with a "-" in the column
applicable to that zone and corresponding with the row for a specific permitted use in
Table 9.2 - Permitted Uses. Where an "E" is identified in the column, only uses which
legally existed on the date of passing of this By-law shall be permitted. Where the letter
"A" is identified, the use is only permitted as accessory to another permitted use. All
permitted uses shall be subject to the applicable zone regulations provided in Section
9.3 and the General Provisions provided in Section 3.0, where applicable.
Table 9.2 - Permitted Uses
Uses
I
Cemetery
-
Clinic within an institutional use
-
Conservation use
-
Daycare centre
-
Institutional
-
SECTION 9
INSTITUTIONAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 295
9.3
Zone Regulations
The following zone regulations identified in Table 9.3 shall apply to the respective
Institutional Zone.
Table 9.3 - Zone Regulations
Zone Regulations
I
With
Municipal
Services
Without
Municipal
Services
Minimum Lot Area
2,000 sq m
4,000 m2
Minimum Lot Frontage
20 m
30 m
Minimum Front Yard
6 m
9 m
Minimum Interior Side Yard
6 m
9 m
Minimum Exterior Side Yard
6 m
9 m
Minimum Rear Yard
7.5 m
12 m
Maximum Lot Coverage
50 %
20 %
Maximum Building Height
12.5 m
12.5 m
Minimum Landscaped Open
Space
20 %
20 %
9.4
Zone Exceptions
In accordance with subsection 5.2, the following zone exceptions shall apply to those
lands shown on the zoning schedules as having reference to the corresponding zone
exceptions number:
9.4.1 I-1 (SETBACKS) Roll # 010-023-21500
Notwithstanding the provisions of the Institutional Zone, the lands indicated as I-1 on
Schedule 'A2' shall be subject to the following provisions:
(a) Minimum South Interior Side
Yard
-
1.4 metres
(b) Minimum North Interior Side
Yard
-
5.7 metres.
9.4.2 I-2 (SETBACKS AND COMMERCIAL SCHOOL) Roll # 020-024-07500
9.4.2.1
In addition to the permitted uses of the Institutional Zone, the lands indicated as I-2 on
Schedule 'A3' may also be used for a commercial school.
SECTION 9
INSTITUTIONAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 296
9.4.2.2
Notwithstanding the provisions of the Institutional Zone, the lands indicated as I-2 on
Schedule 'A3' shall be subject to the following provisions:
(a) Minimum Lot Area
-
0.12 hectares
(b) Minimum Lot Frontage
-
22.3 metres
(c) Minimum South Side Yard
-
3.57 metres
(d) Minimum Front Yard
-
as existing.
9.4.3 I-3 (ARTISAN SHOP) Roll # 010-003-05500
Notwithstanding the provisions of the Institutional Zone, the lands indicated as I-3 on
Schedule 'A' shall only be used for the following uses:
(a)
Artisan shop
(b)
Custom workshop
(c)
Nursery school
(d)
Place of worship
(e)
School, commercial
(f)
School, private
(g)
One dwelling unit
9.4.4 I-4 (SCHOOLS AND PLACES OF WORSHIP AND SETBACKS) Roll # pt 040-
017-39500
(a)
Minimum Setback from closest
Livestock Barn to the West
-
205 metres.
9.4.5 I-5 (ROCKWAY CANADIAN REFORMED CHURCH) Roll #040-017-08850
Notwithstanding the provisions of the Institutional Zone, the lands indicated as I-5 on
Schedule 'A9' shall only be used for a place of worship and shall be subject to the
following provisions:
(a)
Minimum Front Yard
-
15 metres
SECTION 9
INSTITUTIONAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 297
(b) Minimum Westerly Side Yard
-
13.7 metres
(c) Minimum Rear Yard
-
100 metres
(d) Maximum Gross Floor Area for
the Place of Worship
-
700 square metres
9.4.6 I-6 (SCHOOLS AND PLACES OF WORSHIP) Roll #'s 030-008-13900, 040-011-
02000, pt 040-015-08301, 040-004-06400, 040-004-06200, 010-002-28901, pt 040-011-
38600, 030-008-45700
Notwithstanding the provisions of the Institutional Zone, the lands indicated as I-6 on
Schedule 'A' shall only be used for the following uses:
(a)
Cemetery
(b)
Nursery school
(c)
Place of worship
(d)
School
(e)
Accessory dwelling unit within a permitted use
(f)
Accessory single detached dwelling
9.4.7 I-7 (BETHESDA HOME) Roll # 040-017-26200
9.4.7.1
Notwithstanding the provisions of the Institutional Zone, the lands indicated as I-7 on
Schedule 'A' shall only be used for the following uses:
(a)
Accommodation Services for the Developmentally Handicapped
(b)
Approved Home
(c)
Children's Residence
(d)
Clinic Accessory to a Permitted Use
(e)
Community Centre or Community Hall
(f)
Government Office
SECTION 9
INSTITUTIONAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 298
(g)
Home for the Aged
(h)
Home for Physically Disabled Adults
(i)
Home for Special Care
(j)
Nursery School
(k)
Nursing Home
(l)
Place of Worship Accessory to a Permitted Use
(m) Religious Retreat or Conference Centre Accessory to a Permitted Use
(n)
School Accessory to a Permitted Use
(o)
Accessory Dwelling Unit Within a Permitted Use
(p)
Accessory Single Detached Dwelling.
9.4.8 I-8 (ELEMENTARY AND SECONDARY SCHOOL) Pt Roll # 040-011-33000
Notwithstanding the provisions of the Institutional Zone, the lands indicated as I-8 on
Schedule 'A6' shall only be used for an elementary and a secondary school and
accessory recreational use.
9.4.9 I-9 (RITTENHOUSE TRUST) Roll # 030-006-06901
Notwithstanding the provisions of the Institutional Zone, the lands indicated as I-9 on
Schedule 'A' shall be subject to the following provision:
(a) Minimum Rear Yard
-
7.3 metres.
9.4.10 I-10 (JORDAN HISTORICAL MUSEUM)
Notwithstanding the provisions of the Institutional (I) Zone, in addition to the permitted
uses of the Institutional (I) Zone, the lands indicated as I-10 on Schedule 'A6' shall be
subject to the following provisions:
(a)
Minimum Lot Frontage
-
14.6 metres
(b)
Minimum Exterior Side Yard
-
0 metres
SECTION 9
INSTITUTIONAL ZONE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 299
(c)
Minimum southerly interior side
yard
-
1.5 metres, except that the minimum
southerly interior side yard shall be in line
with the existing building for the first 27
metres as measured westerly from the
streetline
(d)
Maximum Building Height
-
9 metres, except as follows:
(i) 4 metres at a distance of 1.5 metres
from the southerly lot line;
(ii) 5.3 metres at a distance of 5.9 metres
from the southerly lot line; and
(iii) In accordance with Schedule 'C' to By-
law No 2013-06-Z444
(e)
Minimum Parking Requirement -
5 spaces.
9.4.11 I-11 (PLACE OF WORSHIP) Roll# pt of 040-011-19000 (no new roll#)
Notwithstanding the provisions of the Institutional Zone, the lands indicated as I-11 on
Schedule 'A6' shall only be used for a place of worship.
SECTION 10
OPEN SPACE AND ENVIRONMENTAL CONSERVATION ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 300
SECTION 10 - OPEN SPACE AND ENVIRONMENTAL CONSERVATION ZONES
No land shall be used, no buildings or structures shall be erected and no lot shall be
altered in the Open Space and Environmental Zones except in accordance with the
applicable General Provisions (Section 3.0) and Parking and Loading Requirements
(Section 4.0) and the following:
10.1 List of Applicable Zones
Open Space and Environmental Conservation
Zones
ZONE
SYMBOL
Open Space Zone
OS
Environmental Conservation Zone
EC
10.2 Permitted Uses
Uses permitted in the Open Space and Environmental Conservation Zones are
identified with a "-" in the column applicable to that zone and corresponding with the
row for a specific permitted use in Table 10.2 - Permitted Uses. Where an "E" is
identified in the column, only uses which legally existed on the date of passing of this
By-law shall be permitted. Where the letter "A" is identified, the use is only permitted as
accessory to another permitted use. All permitted uses shall be subject to the
applicable zone regulations provided in Section 10.3 and the General Provisions
provided in Section 3.0, where applicable.
Table 10.2 - Permitted Uses
Uses
OS
EC
Boat houses and docks
A
Cemetery
-
Conservation Use
-
-
Existing agriculture, save and except any
buildings
E
Existing buildings and structures
E
Park
-
10.3 Zone Regulations
The following zone regulations identified in Table 10.3 shall apply to the respective
Open Space and Environmental Conservation Zones.
SECTION 10
OPEN SPACE AND ENVIRONMENTAL CONSERVATION ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 301
Table 10.3 - Zone Regulations
Zone Regulations
OS
EC
Minimum Lot Area
N/A
N/A
Minimum Lot Frontage
N/A
N/A
Minimum Front Yard
6 m (1)
N/A
Minimum Interior Side Yard
6 m
N/A
Minimum Exterior Side Yard
6 m (1)
N/A
Minimum Rear Yard
15 m
N/A
Maximum Lot Coverage
10%
N/A
Maximum Building Height
11 m
N/A
Minimum Setback from all
Property Lines for Boathouses
and Docks.
N/A
1.2 m
Notes:
1. Except that where municipal sanitary sewers are not available 9 metres is
required.
10.4 Zone Exceptions (Open Space)
In accordance with subsection 5.2, the following provisions shall apply to those lands
shown on the zoning schedules as having reference to the corresponding special
provision number:
10.4.1 OS-1-Deleted
10.4.2 OS-2 (100 YEAR EROSION LIMIT) Pt Roll # 030-008-26900
In addition to the provisions of the Open Space Zone, those lands indicated as OS-2 on
Schedule 'A' are located within the 100 Year Erosion Limit of Lake Ontario and therefore
the Niagara Peninsula Conservation Authority will determine the required setback from
Lake Ontario.
10.4.3 OS-3 (LINCOLN PUBLIC LIBRARY) Roll #'s 040-015-00420, 040-015-29900
Notwithstanding the provisions of the Open Space Zone, in addition to the uses
permitted in Open Space Zone, the lands indicated as OS-3 on Schedule 'A5' may also
be used for a Public Library in accordance with the following provisions:
(a)
The provisions of subsection 10.3 shall apply for the Public Library, except as
follows:
SECTION 10
OPEN SPACE AND ENVIRONMENTAL CONSERVATION ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 302
(i) Minimum Rear Yard
-
7.5 metres;
(b) The provisions of subsection 9.3 shall apply for any other permitted use in
the Open Space (OS) Zone.
10.4.4 OS-4 (PRUDHOMMES LANDING)
In addition to the provisions of the Open Space Zone, a portion of those lands indicated
as OS-4 on Schedule 'A4' are located within the 100 Year Erosion Limit of Lake Ontario.
10.5 Zone Exceptions (Environmental Conservation)
In accordance with subsection 5.2, the following special provisions shall apply to those
lands shown on the zoning schedules as having reference to the corresponding special
provision number:
10.5.1 EC-1 (BIG VALLEY CAMPGROUND) Roll #'s 040-011-37000, pt 040-011-36900
Notwithstanding the provisions of the Environmental Conservation Zone, in addition to
the uses permitted in the Environment Conservation Zone, the lands indicated as EC-1
on Schedule 'A' may also be used as a recreational vehicle park and shall be subject to
the following regulations:
(a) Minimum Lot Frontage
-
60 metres
(b) Minimum Lot Area
-
2 hectares
(c) Maximum density
-
30 campsites per hectare
(d) Minimum Setback from any
Street
-
7.5 metres
(e) Minimum Interior Side Yard
-
7.5 metres
(f) Minimum Rear Yard
-
7.5 metres
(g) Maximum Building Height
-
10.5 metres.
(h) Parking
-
1 space per campsite.
10.5.2 EC-2 (GOLF COURSE) Roll # pt 040-017-06800
Notwithstanding the provisions of the Environmental Conservation Zone, in addition to
the uses permitted in the Environmental Conservation Zone, the lands indicated as EC-
SECTION 10
OPEN SPACE AND ENVIRONMENTAL CONSERVATION ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 303
2 on Schedule 'A' may also be used as a golf course, excluding any buildings or
structures.
10.5.3 EC-3 (WETLANDS)
Notwithstanding the provisions of the Environmental Conservation Zone, the lands
indicated as EC-3 on Schedule 'A' shall only be used for the following:
(a)
Existing agriculture
(b)
Conservation use, save and except any buildings.
10.5.4 EC-4 (SOLARIUM FOR PERSONAL USE) Roll #010-002-17400
Notwithstanding the provisions of the Environmental Conservation Zone, the lands
indicated as EC-4 on Schedule 'A' shall only be used as a greenhouse solarium for
personal use.
10.5.5 EC-5 (WATER PUMPING STATION) Roll # 030-008-01001
Notwithstanding the provisions of the Environmental Conservation Zone, in addition to
the permitted uses of the Environmental Conservation Zone, the lands indicated as EC-
5 on Schedule 'A' may also be used for a Water Pumping Station.
10.5.6 EC-6 (RESIDENTIAL USE)
Notwithstanding the provisions of the Environmental Conservation Zone, in addition to
the permitted uses of the Environmental Conservation Zone, the lands indicated as EC-
6 on Schedule 'A' may also be used for a single detached dwelling and accessory
buildings and structures subject to the provisions of subsections 5.3 and 3.5 provided
the lot coverage of all buildings and structures does not exceed 5% of the lot area and
subject to approval being obtained from the Town of a plan identifying the limit of tree
removal.
10.5.7 EC-7 (MARINA) Roll # 030-006-00125
Notwithstanding the provisions of the Environmental Conservation Zone, in addition to
the permitted uses of the Environmental Conservation Zone, on the lands indicated as
EC-7 on Schedule 'A', the existing buildings and structures may continue to be used for
a marina and accessory uses to the marina.
10.5.8 EC-8 (RESIDENTIAL USE)
Notwithstanding the provisions of the Environmental Conservation Zone, in addition to
the permitted uses of the Environmental Conservation Zone, the lands indicated as EC-
SECTION 10
OPEN SPACE AND ENVIRONMENTAL CONSERVATION ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 304
8 on Schedule 'A' may also be used for a single detached dwelling and accessory
buildings and structures subject to the provisions of subsections 5.3 and 3.5 provided
the lot coverage of all buildings and structures does not exceed 10% of the lot area and
subject to approval being obtained from the Town of a plan identifying the limit of tree
removal.
10.5.9 EC-9 (RESIDENTIAL USE) Roll# 010-002-19700
Notwithstanding the provisions of the Environmental Conservation Zone, in addition to
the permitted uses of the Environmental Conservation Zone, the lands indicated as EC-
9 on Schedule 'A' may also be used for a single detached dwelling and accessory
buildings subject to authorization from the Niagara Peninsula Conservation Authority.
10.5.10 EC-10 (PRUDHOMMES LANDING)
In addition to the permitted uses in the Environmental Conservation Zone, the existing
building on lands indicated as EC-10 on Schedule 'A4' may also be used for the
following uses:
(a)
Bed and breakfast establishment
(b)
Clinic
(c)
Community centre or community hall
(d)
Institutional use
(e)
Office use
(f)
Personal service use
(g)
Eating establishment (excluding drive-thru facility)
10.5.11 EC-11
Notwithstanding the provisions of the Environmental Conservation Zone, the lands
zoned EC-11 are permitted for extraction in accordance with the Aggregate Resources
Act Licence #61667. Notwithstanding these permissions, the intent for the lands zoned
EC-11 is for the protection of the existing alvar community subject to the hold being
lifted for the land zoned EI-2(H) south of Yonge Street. Once the hold is lifted,
aggregate extraction will no longer be permitted on the lands zoned EC-11. The lands
zoned EC-11 are approximate and the boundary will be confirmed prior to the lifting of
the hold. Any adjustment to the zone boundary will not require a Zoning By-law
Amendment.
SECTION 11
FUTURE DEVELOPMENT ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 305
SECTION 11 - FUTURE DEVELOPMENT ZONE
No land shall be used, no buildings or structures shall be erected and no lot shall be
altered in the Future Development Zones except in accordance with the applicable
General Provisions (Section 3.0) and Parking and Loading Requirements (Section 4.0)
and the following:
11.1 List of Applicable Zones
Future Development Zones
ZONE
SYMBOL
Future Development Zone
FD
11.2 Permitted Uses
Uses permitted in the Future Development Zones are identified with a "-" in the
column applicable to that zone and corresponding with the row for a specific permitted
use in Table 11.2 - Permitted Uses. Where an "E" is identified in the column, only
uses which legally existed on the date of passing of this By-law shall be permitted.
Where the letter "A" is identified, the use is only permitted as accessory to another
permitted use. All permitted uses shall be subject to the applicable zone regulations
provided in Section 11.3 and the General Provisions provided in Section 3.0, where
applicable.
Table 11.2 - Permitted Uses
Uses
FD
Any uses, buildings and structures legally
existing at the date of adoption of
this By-law, including home-based
business and accessory uses
-
11.3 Zone Exceptions
In addition to the provisions of the Future Development Zone, those lands indicated as
FD-1 on Schedule "A" may expand the existing buildings and structures legally existing
at the date of the adoption of this By-Law, subject to the Zone Regulations in Section
8.3 of this By-Law.
11.3.1 FD-1 (OUTSIDE STORAGE AND 100 YEAR EROSION LIMIT) Roll # 030-006-
01700
SECTION 11
FUTURE DEVELOPMENT ZONES
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 306
Notwithstanding the provisions of the Industrial Zone, those lands indicated as IN-1 on
Schedule 'A4' shall be subject to the following provisions:
(a)
No manufacturing shall be permitted outdoors;
(b)
Outside storage be limited to the south side and rear yards and completely
screened from view;
(c)
Outside storage shall be located a minimum of 30 metres from Victoria
Avenue; and
(d)
A portion of the lands zoned IN-1 are located within the 100 Year Erosion
Limit of Lake Ontario and therefore the Niagara Peninsula Conservation
Authority will determine the required setback from Lake Ontario.
11.3.2 FD-2 (ACCESS) Roll # 040-011-19100
Notwithstanding the provisions of the Future Development Zone, the lands indicated as
FD-2 on Schedule 'A7' shall only be used for the purpose of a driveway access.
SECTION 12
EFFECTIVE DATE
Town of Lincoln Zoning By-law
FINAL - July 2022
Page 307
SECTION 12 - EFFECTIVE DATE
12.1 By-laws Repealed
All existing Zoning By-laws adopted under the Planning Act, as amended, as
they apply to any part of the defined area, are hereby repealed.
12.2 Effective Date
The By-law shall come into force on the date of its final passing.
READ A FIRST TIME ON THE ________ DAY OF _____________________,
READ A SECOND TIME ON THE ________ DAY OF _____________________,
READ A THIRD TIME AND FINALLY PASSED ON THE
________ DAY OF _____________________,
______________________________ Mayor
______________________________ Clerk